REPORT TITLE:
Police Officers, Subpoenas


DESCRIPTION:
Requires the State to reimburse the counties for overtime
compensation for police officers compelled to attend court
hearings by a subpoena.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1377
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SUBPOENAS.



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

 1      SECTION 1.  Section 621-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "621-7 Fees; criminal cases.(a)  Every witness legally
 
 4 required to attend a state court or grand jury in any criminal
 
 5 case, other than a public officer or employee, shall be entitled
 
 6 to $20 for each day's attendance and a reasonable mileage fee to
 
 7 be established pursuant to rules adopted by the judiciary for
 
 8 each mile actually and necessarily traveled on the ground each
 
 9 way, including travel to and from the nearest airport when
 
10 required to travel from another island or from outside the State.
 
11 In addition to witness' fees, every witness, who attends a state
 
12 court from outside the State shall be entitled to the actual
 
13 round-trip cost of plane travel, plus $110 per twenty-four-hour
 
14 day, or if from any island other than that on which the court
 
15 holds session, shall be entitled to the actual round-trip cost of
 
16 plane travel, plus $55 per twenty-four-hour day, which amounts
 
17 shall cover all personal expenses, such as board and lodging.
 
18 These per diem payments shall be computed on the basis of quarter
 
19 day periods of time.
 

 
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                                     S.B. NO.           1377
                                                        
                                                        

 
 1      (b)  Any police officer or other public officer or employee
 
 2 (except the county attorney, prosecuting attorney, or deputy
 
 3 county attorney or deputy prosecuting attorney), who attends a
 
 4 state court as a witness from a district other than that in which
 
 5 the court is holding session, shall be allowed the police
 
 6 officer's, public officer's, or employee's travel cost and
 
 7 mileage fees as provided in this section.  A public officer or
 
 8 employee, if not salaried, shall receive witness fees.
 
 9      (c)  If a police officer is served a subpoena and compelled
 
10 to be available to attend and testify as a witness for the State,
 
11 the officer shall be entitled to overtime compensation for the
 
12 time the officer's attendance is required whenever the officer
 
13 performs this function during off-duty periods.  The compensation
 
14 is to be provided for the undue hardship of remaining available
 
15 and disruptions of personal life.  The State shall reimburse the
 
16 county for overtime compensation of police officers being served
 
17 subpoenas to appear while they are off-duty.  Fixed trial dates
 
18 shall be assigned whenever possible to prevent the undue
 
19 hardships of subpoenas."
 
20      SECTION 2.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 
23      SECTION 3.  New statutory material is underscored.
 

 
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                                     S.B. NO.           1377
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________