Criminal Procedure; Arrest Citations; Traffic Crime Complaints
Eliminates requirement that arrest citations contain an offender's full social security number. Authorizes verification of arrest citation and traffic crime complaint by declaration in accordance with rules of court.
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII
A BILL FOR AN ACT
relating to CRIMINAL PROCEDURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-6, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) The citation shall contain:
The name and current address of the offender;
The last four digits of the offender's social security number;
A description of the offender;
The nature of the offense;
The time and date[ ;] of
A notice of time and date for court appearance;
The signature and badge number of the officer [ (badge)];
The signature of the offender agreeing to court appearance;
Remarks;] Any remarks; and
hereby directed] A notice directing the offender to appear at
the time and place designated [ above] to stand trial for the offense
indicated[ . A] and a notice that failure to obey [ this] the
citation may result in a fine or imprisonment, or both.
(d) Where a citation has been issued in lieu
of the requirements of subsection (a) [
above], the officer who
issues the summons or citation may subscribe to the complaint [ under oath]:
(1) Under oath administered by any
police officer whose name has been submitted to the prosecuting officer and who
has been designated by the chief of police to administer the oath[
(2) By declaration in accordance with the rules of court."
SECTION 2. Section 805‑1, Hawaii Revised Statutes, is amended to read as follows:
"§805-1 Complaint; form of
warrant. When a complaint is made to any prosecuting officer of the
commission of any offense, the prosecuting officer shall examine the
complainant, shall reduce the substance of the complaint to writing, and shall
cause the [
same] complaint to be subscribed by the complainant
under oath, which the prosecuting officer is hereby authorized to administer[ .], or the complaint shall be made by
declaration in accordance with the rules of court. If the original
complaint results from the issuance of a traffic summons or a citation in lieu
of an arrest pursuant to section 803-6, by a police officer, the oath may be
administered by any police officer whose name has been submitted to the
prosecuting officer and who has been designated by the chief of police to
administer the oath[ .], or the
complaint may be submitted by declaration in accordance with the rules of
court. Upon presentation of the written complaint to the judge [ within]
in whose circuit the offense [ is alleged to have] allegedly
has been committed, the judge shall issue a warrant, reciting the complaint
and requiring the sheriff, or other officer to whom it is directed [ (except
as provided in section 805-3), forthwith], except as provided in section
805-3, to arrest the accused and to bring the accused before the
judge to be dealt with according to law; and in the same warrant the judge
may require the officer to summon such witnesses as are named [ therein] in
the warrant to appear and give evidence at the trial. The warrant may be
in the form established by the usage and practice of the issuing court."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.