Bill Text: HI SB1539 | 2019 | Regular Session | Amended


Bill Title: Related To Bail Hearings.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2019-04-23 - Received notice of Senate conferees (Sen. Com. No. 954). [SB1539 Detail]

Download: Hawaii-2019-SB1539-Amended.html

THE SENATE

S.B. NO.

1539

THIRTIETH LEGISLATURE, 2019

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATED TO BAIL HEARINGS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 804, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§804-    Right to a prompt hearing.  (a)  Upon formal charge and detention, and upon motion by either party, the defendant shall have a right to a prompt hearing concerning the defendant's release or detention and whether any condition or combination of conditions will reasonably assure the defendant's appearance as required.

     (b)  At the hearing, the judge shall consider the following factors in making a decision concerning release or detention:

     (1)  If there is a serious risk that the defendant will flee;

     (2)  If there is a serious risk that the defendant will obstruct or attempt to obstruct justice, or injure or intimidate, or attempt to injure or intimidate, a prospective witness or juror;

     (3)  If there is a serious risk that the defendant poses a danger to any person or to the community; or

     (4)  If there is a serious risk that the defendant will engage in criminal activity.

     (c)  At the hearing, the defendant shall have the right to be represented by counsel, and, if financially unable to obtain representation, to have counsel appointed.  The defendant shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise.  The rules concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.  The defendant may be detained pending completion of the hearing."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on March 15, 2094.


 


 

Report Title:

Criminal Pretrial Practices; Right to Prompt Bail Hearing

 

Description:

Codifies the right to a prompt bail hearing upon formal charge and detention.  Establishes right to counsel at the bail hearing.  (SB1539 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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