Bill Text: HI SB2557 | 2024 | Regular Session | Amended
Bill Title: Relating To Legal Representation.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2024-07-09 - Vetoed on 07-09-24 - Returned from the Governor without approval (Gov. Msg. No. 1363). [SB2557 Detail]
Download: Hawaii-2024-SB2557-Amended.html
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THE SENATE |
S.B. NO. |
2557 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO LEGAL REPRESENTATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-126, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The court may appoint an attorney for the
subject of the petition if the court determines that the interests of justice
require one be appointed. If the
subject of the petition is represented by [their own] an
attorney, whether retained by the subject or appointed by the court, the
attorney shall be allowed adequate time for investigation of the matters at
issue and for preparation, and shall be permitted to present the evidence that
the attorney believes necessary for a proper disposition of the proceeding."
SECTION 2. Section 802-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any indigent person who is:
(1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;
(2) Threatened by confinement, against the
indigent person's will, in any psychiatric or other mental institution or
facility; or
[(3) The subject of a petition for assisted
community treatment under chapter 334; or
(4)] (3)
The subject of a petition for involuntary medical treatment under
chapter 353,
shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Public Defender; Assisted Community Treatment; Legal Representation
Description:
Allows a court to appoint an attorney for the subject of a petition for assisted community treatment if the interests of justice require one be appointed. Repeals language that entitles the subject of a petition for assisted community treatment to legal representation by a public defender. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
