THE SENATE

S.B. NO.

1422

THIRTIETH LEGISLATURE, 2019

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAW ENFORCEMENT.

 

 

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

 

     SECTION 1.  The legislature finds that although section 803‑6, Hawaii Revised Statutes, gives law enforcement officers the discretion to issue citations for misdemeanors, petty misdemeanors, and violations, law enforcement officers are reluctant to exercise this discretion.  Issuing citations in lieu of arresting these nonviolent offenders will free up space in police cellblocks, county jails, and courthouse holding cells without jeopardizing public safety.

     The legislature further finds that expanding the discretion of law enforcement officers to include citations for nonviolent class C felonies may be appropriate in certain circumstances.  Currently, no other state provides for the issuance of citations for felony offenses.  However, Alaska is considering expanding the use of law enforcement discretion to issue citations for class C felonies.  Like Hawaii, Alaska has a statutory provision that specifies when a law enforcement officer may issue a citation, in lieu of making an arrest.

     Citation issuance is a viable alternative to arrest for low-risk defendants who have not demonstrated a risk of non‑appearance in court that still protects the public from the risk of further crime.

     SECTION 2.  Section 803-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In any case in which it is lawful for a police officer to arrest a person without a warrant for a nonviolent class C felony, any misdemeanor, any petty misdemeanor, or any violation, the police officer may[, but need not,] exercise discretion and issue a citation in lieu of the requirements of [[]subsection[]] (a), if the police officer finds and is reasonably satisfied that the [person]:

     (1)  [Will] Person will appear in court at the time designated;

     (2)  [Has] Person has no outstanding arrest warrants which would justify the person's detention or give indication that the person might fail to appear in court; [and]

     (3)  [That the offense] Offense is of such nature that there will be no further police contact on or about the date in question, or in the immediate future[.]; and

     (4)  Offense does not involve operating a vehicle while under the influence of an intoxicant, habitually operating a vehicle while under the influence of an intoxicant, solicitation of a minor for prostitution, aggravated harassment by stalking, theft in the second degree, domestic violence, sexual assault, robbery, or any offense enumerated in chapter 707."

     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, 2050.

 

 

Report Title:

Law Enforcement; Police; Discretion; Citation; Class C Felony

 

Description:

Specifies that police officers have the discretion to issue citations, in lieu of making a lawful arrest without warrant, for nonviolent class C felonies, misdemeanors, petty misdemeanors, and violations, subject to certain findings by the officer.  (SB1422 HD2)

 

 

 

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