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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATED TO BAIL HEARINGS.

 

 

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

 


     SECTION 1.  The legislature finds that House Concurrent Resolution No. 134, H.D. 1 (2017), established a task force to examine and make recommendations regarding criminal pretrial practices and procedures to maximize public safety, maximize court appearances, and maximize pretrial release of the accused and presumed innocent.  The legislature further finds that the task force's investigations revealed that the current system is inconsistent as to whether and when a pretrial defendant is accorded a bail hearing.  Often, opportunities to hold prompt hearings early in the proceedings are missed and result in defendants being unnecessarily detained until a meaningful bail hearing is held days or weeks later.  Many of these individuals are believed to be low-risk defendants who could be safely and appropriately released.

     The purpose of this Act is to adopt the recommendation of the task force to entitle defendants to a prompt bail hearing.

     SECTION 2.  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 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 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 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on March 15, 2094.

 


 


 

Report Title:

Criminal Pretrial Practices; Right to Prompt Bail Hearing

 

Description:

Adds provision that, upon formal charge and detention, and upon motion by either party, defendants shall have the right to a prompt bail hearing concerning release or detention and whether any condition will reasonably assure the defendant's appearance.  Allows defendants to be represented by counsel at the hearing, or have one appointed if they are financially unable to obtain representation.  Allows defendants to present evidence and witnesses and to cross-examine witnesses who appear at the hearing.  Effective 3/15/2094.  (SD1)

 

 

 

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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