Bill Text: HI SB3278 | 2022 | Regular Session | Introduced
Bill Title: Relating To Speedy Trials.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2022-01-28 - Referred to HMS, JDC/WAM. [SB3278 Detail]
Download: Hawaii-2022-SB3278-Introduced.html
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THE SENATE |
S.B. NO. |
3278 |
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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 SPEEDY TRIALS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:
"§571- Victims
and witnesses; right to speedy trial in certain adult cases. Victims and witnesses in cases involving
an offense charged under part V of chapter 707 shall have the right to a speedy
trial that is subordinate only to a defendant's state and federal constitutional
rights. When considering a motion to
postpone a trial in any of these cases involving an adult defendant, the court
shall consider the totality of the circumstances, including:
(1) The defendant's
right to a speedy trial;
(2) A victim's or
witness' right to a speedy trial, including any substantial adverse impact that
postponing the trial may have on the victim or witness, particularly if the trial
has previously been postponed; and
(3) The requirements of section 806-B, if applicable."
SECTION 2. Chapter 604, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§604- Victims and witnesses; right to
speedy trial in certain cases. Victims and witnesses in cases
involving an offense charged under part V of chapter 707 shall have the right
to a speedy trial that is subordinate only to a defendant's state and federal
constitutional rights. When considering
a motion to postpone a trial in any of these cases, the court shall consider
the totality of the circumstances, including:
(1) The defendant's
right to a speedy trial;
(2) A victim's or
witness' right to a speedy trial, including any substantial adverse impact that
postponing the trial may have on the victim or witness, particularly if the
trial has previously been postponed; and
(3) The requirements
of section 806-B, if applicable."
SECTION 3. Chapter 806, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§806-A Victims and witnesses; right
to speedy trial in certain cases. Victims and witnesses in cases
involving an offense charged under part V of chapter 707 shall have the right to
a speedy trial that is subordinate only to a defendant's state and federal
constitutional rights. When considering
a motion to postpone a trial in any of these cases, the court shall consider
the totality of the circumstances, including:
(1) The defendant's
right to a speedy trial;
(2) A victim's or
witness' right to a speedy trial, including any substantial adverse impact that
postponing the trial may have on the victim or witness, particularly if the
trial has previously been postponed; and
(3) The requirements
of section 806-B, if applicable.
§806‑B Expedited proceedings; continuances;
trial. (a) In
all criminal proceedings of criminal offenses perpetrated against a minor, or
any other criminal proceedings involving a minor victim or minor witness of any
physical abuse, the court and the prosecution shall take appropriate action,
including setting the case for priority in the court docket, to ensure a prompt
trial in order to minimize the length of time the minor endures the stress of
the minor's involvement in the proceedings.
(b) In deciding whether to grant a continuance, the court shall take into consideration the age of the minor and the potential adverse impact the delay may have on the minor's well-being; provided that no more than three continuances shall be permissible by either party, unless good cause is shown; provided further that a trial shall commence within twelve months of the charge or indictment, unless good cause is shown."
SECTION 4. Section 801D-4, Hawaii Revised Statutes, is amended to read as follows:
"§801D-4 Basic bill of rights for victims and witnesses. (a) Upon written request, victims and surviving immediate family members of crime shall have the following rights:
(1) To be informed by the police and the prosecuting attorney of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the defendant or perpetrator is released from custody. The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;
(2) To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;
(3) To receive protection from threats or harm;
(4) To be informed by the police, victim/witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;
(5) To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;
(6) To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence. If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; and
(7) To be informed by the department of public safety of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term.
(b) Upon written request, the victim or the parent or guardian of a minor or incapacitated victim of an offense under section 707-730, 707-731, or 707-732(1)(a) shall have the right to be informed of the human immunodeficiency virus (HIV) status of the person who has been convicted or a juvenile who has been adjudicated under that section and to receive counseling regarding HIV. The testing shall be performed according to the protocols set forth in section 325-17. Upon request of the victim, or the parent or guardian of a minor or incapacitated victim, the department of health shall provide counseling.
(c) Notwithstanding any law to the contrary, the department of public safety, the Hawaii paroling authority, the judiciary probation divisions and branches, and the department of the attorney general shall make good faith efforts to notify the victim of a crime, or surviving immediate family members of a victim, of income received by a person imprisoned for that crime when the imprisoned person has received a civil judgment that exceeds $10,000, a civil settlement that exceeds $10,000, or any income that exceeds $10,000 in one fiscal year, whenever the income is known to the agency, and, in addition, the department of public safety shall make good faith efforts to notify the victim of a crime or surviving immediate family members of a victim, whenever it is known to the agency that a person imprisoned for that crime has a financial account, of which the department of public safety is aware, of a value exceeding $10,000.
(d) Notwithstanding any law to the contrary, payment of restitution and judgments to victims, or surviving immediate family members of a victim, shall be a precondition for release on parole for any imprisoned person whom the Hawaii paroling authority determines has the financial ability to make complete or partial restitution payments or complete or partial judgment payments to the victim of the person's crime, or to the surviving immediate family members of a victim.
(e) Notwithstanding any law to the contrary, the State of Hawaii, any political subdivision of the State of Hawaii, any department or agency of the State, any officer of the State, and any employee of the State shall be immune from damages in any lawsuit based on noncompliance with subsection (c) or (d). Nothing in this subsection shall be construed to prevent disciplinary action against any employee of the State who intentionally fails to comply with subsection (c) or (d) after being warned that compliance is required.
(f) Victims and witnesses
in cases involving an offense charged under part V of chapter 707 shall have the
right to a speedy trial that is subordinate only to a defendant's state and
federal constitutional rights. When
considering a motion to postpone a trial in any of these cases involving an
adult defendant, the court shall consider the totality of the circumstances,
including:
(1) The defendant's
right to a speedy trial; and
(2) A victim's or
witness' right to a speedy trial, including any substantial adverse impact that
postponing the trial may have on the victim or witness, particularly if the
trial has previously been postponed; and
(3) The requirements of section 806-B, if applicable."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2022.
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INTRODUCED BY: |
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Report Title:
Penal Code; Criminal Procedure; Victims and Witnesses of Sexual Offenses; Right to Speedy Trial; Child Abuse; Expedited Criminal Proceedings
Description:
Creates a statutory right of victims and witnesses of sexual offenses under part V of chapter 707, Hawaii Revised Statutes, to a speedy trial in criminal cases involving adult defendants. Requires the court and the prosecution to take appropriate action to ensure a prompt trial in order to minimize the length of time a child abuse victim or minor witness must endure the stress of the proceedings.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
