Bill Text: HI SB3035 | 2016 | Regular Session | Introduced
Bill Title: Grand Jury; Proceedings; Prosecution; Law Enforcement Officers
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-29 - Referred to PSM, JDL. [SB3035 Detail]
Download: Hawaii-2016-SB3035-Introduced.html
|
THE SENATE |
S.B. NO. |
3035 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 805-7, Hawaii Revised Statutes, is amended to read as follows:
"§805-7 [Commitment;] Preliminary
hearing; commitment; form of mittimus. (a) In all cases of arrest
for offenses that [must]:
(1) Must
be tried in the first instance before a jury[, or that can];
(2) Can
be tried only on indictment by a grand jury[,]; or
(3) Constitute a felony committed by a law enforcement officer;
the judge in whose jurisdiction or on whose warrant
the accused was arrested, upon the appearance of the accused, shall [proceed
to consider] conduct a preliminary hearing to determine whether
there is probable cause to believe that the accused is guilty of the offense
with which the accused is charged[.]; provided that no case described
in paragraph (3) shall be presented to a grand jury or charged by written information.
The [judge shall reduce to writing the substance] court shall keep a
record of the evidence adduced, with the names of the witnesses.
(b) If in the judge's opinion the [testimony]
evidence does not warrant commitment for trial, the judge shall release
the [prisoner,] accused, noting that fact upon the [judge's]
court's docket. But if in the judge's opinion there is probable cause
to believe that the accused is guilty of the offense with which the accused is
charged, the judge shall make out and deliver to a police officer a mittimus
which may be in the form established by the usage and practice of the issuing
court.
(c) For purposes of this section, "law enforcement officer" shall have the same meaning as in section 710-1000."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
Report Title:
Grand Jury; Proceedings; Prosecution; Law Enforcement Officers
Description:
Requires a preliminary hearing for a case in which a law enforcement officer is charged with a felony offense.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
