Bill Text: HI SB2687 | 2022 | Regular Session | Introduced
Bill Title: Relating To Criminal Procedure.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2022-02-17 - The committee on JDC deferred the measure. [SB2687 Detail]
Download: Hawaii-2022-SB2687-Introduced.html
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THE SENATE |
S.B. NO. |
2687 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to criminal procedure.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the coronavirus disease 2019 (COVID-19) pandemic has required the judiciary, like many others, to reassess and transform its procedures to ensure continued operations while protecting the health and safety of its employees and the persons it serves. Part of its strategy to transform its procedures has been leveraging the use of two-way video technology as a substitute for in-person presence in proceedings and hearings, allowing the judiciary to continue its essential role in resolving disputes and in administering justice.
The legislature further finds that the continued use of two-way video technology, even in a post COVID-19 environment, will provide greater access to the courts, especially for victims who do not reside in the State. However, the legislature acknowledges that the expansion of access to the courts should not occur at the expense of a defendant's right to fair criminal procedures, including a defendant's right to confrontation.
The purpose of this Act is to specify under the Hawaii Rules of Evidence that courts may order that the testimony of witnesses be taken through a live two-way video connection in certain circumstances.
SECTION 2. Chapter 626, Hawaii Revised Statutes, is amended by adding a new rule to article VI of the Hawaii Rules of Evidence to be appropriately designated and to read as follows:
"§626- Witnesses; live two-way video testimony; criminal proceedings. Upon a finding of necessity or if a defendant consents, the court may order that the testimony of a witness in a criminal proceeding be taken under oath through a live two-way video connection to be viewed by the court, the defendant, and the trier of fact. The attorneys for the defendant and for the State shall have the right to be physically present with the witness via live two-way video, and full direct cross-examination shall be available as a matter of right."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Criminal Procedure; Witnesses; Live Two-Way Video Testimony
Description:
Specifies under the Hawaii Rules of Evidence that a court may order that the testimony of witnesses be taken through a live two-way video connection in certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
