Bill Text: HI HB863 | 2024 | Regular Session | Introduced
Bill Title: Relating To Initiation Of Prosecution.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB863 Detail]
Download: Hawaii-2024-HB863-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
863 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to initiation of prosecution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that prosecutors should not be permitted to engage in repeated attempts to charge a person with a felony offense involving the same incident by using multiple methods of initiating a prosecution. More specifically, after a grand jury has declined to return a true bill of indictment, prosecutors should not be permitted to override the failed indictment by pursuing an alternative method of bringing criminal charges, except in certain limited circumstances.
The purpose of this Act is to ensure fairness in the criminal justice system and prevent abuses of discretion by prosecuting attorneys by specifying that a subsequent attempt to prosecute a felony using an alternative charging method, after the first attempt has failed, shall not be permitted unless certain conditions are met.
SECTION 2. Section 801-1, Hawaii Revised Statutes, is amended to read as follows:
"§801-1 Indictment or information[.]; subsequent attempts to
indict or file written information for same incident. (a) No person shall be
subject to be tried and sentenced to be punished in any court, for an alleged
offense, unless upon indictment under section 806-7 or written information
under section 806-82, except for offenses within the jurisdiction of a
district court or in summary proceedings for contempt.
(b) If indictment by a grand jury is sought and
denied, or if a written information is filed with the court and denied, initiation
of prosecution for the same incident by using an alternative method of charging
permitted under this section or by seeking a different grand jury panel or
judge shall not be permitted, unless:
(1) The prosecution
seeks to bring charges identical to those sought in the prior grand jury
proceeding or set forth in the prior written information, and the subsequent attempt
at prosecution is based upon new evidence that was not presented during the
prior grand jury proceeding or included in the prior written information; or
(2) The prosecution
seeks to bring charges of a lesser severity than those sought in the prior grand
jury proceeding or set forth in the prior written information."
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. Statutory material to be repealed is bracketed and stricken. 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 Prosecution; Charges; Initiation; Use of Multiple Methods; Double Jeopardy
Description:
Specifies that a subsequent attempt to prosecute a felony using an alternative charging method, after the first attempt has failed, shall not be permitted unless certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
