Bill Text: HI SB3026 | 2018 | Regular Session | Introduced
Bill Title: Relating To Criminal Procedure.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-01-26 - Referred to JDC. [SB3026 Detail]
Download: Hawaii-2018-SB3026-Introduced.html
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THE SENATE |
S.B. NO. |
3026 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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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. Chapter 805, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§805- Trial;
continuances. A defendant
shall not motion the court on the day of trial for a continuance unless a
special circumstance exists in which the court shall consider the totality of
the circumstances, including but not limited to the following:
(1) A defendant's
rights to a speedy and fair trial, effective assistance of counsel, the right
to confront and cross-examine witnesses, and other rights guaranteed by the
Hawaii State Constitution and the United States Constitution; and
(2) Any substantial adverse impact the time of trial may have on the witness."
SECTION 2. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§806- Trial;
continuances. A defendant
shall not motion the court on the day of trial for a continuance unless a
special circumstance exists in which the court shall consider the totality of
the circumstances, including but not limited to the following:
(1) A defendant's
rights to a speedy and fair trial, effective assistance of counsel, the right
to confront and cross-examine witnesses, and other rights guaranteed by the
Hawaii State Constitution and the United States Constitution; and
(2) Any substantial adverse impact the time of trial may have on the witness."
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; Trial; Continuances; District Court; Circuit Court
Description:
Prohibits a defendant from motioning the court on the day of trial for a continuance unless a special circumstance exists in which the court shall consider the totality of the circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
