HOUSE OF REPRESENTATIVES

H.B. NO.

294

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRIME.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 804-3, Hawaii Revised Statutes, is amended to read as follows:

     "§804-3  [Bailable] Pretrial release; bailable offenses.  (a)  For purposes of this section, "serious crime" means murder or attempted murder in the first degree, murder or attempted murder in the second degree, or a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, and "bail" includes release on one's own recognizance, supervised release, and conditional release.

     (b)  Any person charged with a criminal offense shall be [bailable by sufficient sureties;] ordered released by a court of competent jurisdiction on the person's personal recognizance; provided that [bail] unconditional release may be denied where the charge is for a serious crime, and:

     (1)  There is a serious risk that the person will flee;

     (2)  There is a serious risk that the person will obstruct or attempt to obstruct justice, or therefore, injure, or intimidate, or attempt to thereafter, injure, or intimidate, a prospective witness or juror;

     (3)  There is a serious risk that the person poses a danger to any person or the community; or

     (4)  There is a serious risk that the person will engage in illegal activity.

     (c)  [Under subsection (b)(1)] There shall be a rebuttable presumption [arises that there is a serious risk] that the person [will flee or will not appear as directed by the court where the person] is [charged with a criminal offense punishable by imprisonment for life without possibility of parole.  For purposes of subsection (b)(3) and (4) a rebuttable presumption arises that the person poses a serious danger to any person or community or will engage in illegal activity where the court determines that:

     (1)  The defendant has been previously convicted of a serious crime involving violence against a person within the ten-year period preceding the date of the charge against the defendant;

     (2)  The defendant is already on bail on a felony charge involving violence against a person; or

     (3)  The defendant is on probation or parole for a serious crime involving violence to a person.

     (d)] entitled to unconditional release, and that the person will appear in court when required.  Before a court grants unconditional release, a hearing shall be held within forty-hours after the person's arrest.  The burden of proof shall be upon the State to establish, by clear and convincing evidence, that unconditional release under this subsection is inappropriate based on the criteria in subsection (b).

     (d)  If the court finds than an unconditional release will not reasonably assure the appearance of the person when required, and if bail is recommended by the State, the court shall first consider non-financial alternatives to bail that would allow release while ensuring a return to court and the protection of public safety.

     (e)  If the court finds that the release described in subsection (d) will not reasonably assure the appearance of the person when required, the person shall be bailable by sufficient sureties, except as provided in subsection (f).

     (f)  If, after a hearing the court finds that no condition or combination of conditions will reasonably assure the appearance of the person when required or the safety of any other person or community, bail may be denied."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Crime; Unconditional Release; Bail

 

Description:

Establishes a presumption that a person charged with a crime is entitled to unconditional release unless proven otherwise.  Requires the consideration of nonfinancial conditions of release before bail is ordered.

 

 

 

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