Report Title:

Crime Victims; Major Developments

 

Description:

Amends the bill of rights for crime victims by amending the definition of "major developments" to include unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Gives victims the choice to receive notification or not.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

889

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO RIGHTS OF VICTIMS AND WITNESSES IN CRIMINAL PROCEEDINGS.

 

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

SECTION 1. The legislature finds that under the basic bill of rights of crime victims and witnesses in chapter 801D, Hawaii Revised Statutes, victims and surviving immediate family members of crime, upon their written request, must be notified of "major developments" in the case and whenever the defendant or perpetrator is released from custody, provided that the crime charged is a felony. This right of crime victims and their surviving immediate family members does not depend on whether the person has actually been convicted of that crime, since the term "crime" is defined in that chapter as an act or omission committed by an adult or juvenile that would constitute an offense against the person under the Hawaii penal code.

However, the definition of "major developments" in that chapter is vague with respect to whether that term includes such events as a finding that the perpetrator is deemed unfit to stand trial, has been transferred to the state hospital or other psychiatric institution, or has been rehabilitated and transferred back to the jurisdiction of the county for resumption of penal proceedings upon regaining fitness to proceed. While the definition of that term includes "the disposition of the case", this phrase arguably does not include these other developments.

Consequently, a victim or surviving immediate family member of a felony may conceivably not be notified of a defendant's or perpetrator's acquittal and release if found unfit to proceed, or transfer to the state hospital or other facility, since these events are not specifically included in the definition of "major developments". The legislature finds that these crime victims and their families should be notified under these circumstances, and should be further notified of the date of the resumption of penal proceedings, should the defendant or perpetrator be subsequently deemed to be fit to proceed.

Accordingly, the purpose of this Act is to:

(1) Amend the definition of "major developments" to include unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed; and

(2) Give victims the choice to receive notification or not.

SECTION 2. Chapter 801D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

801D- Notification not required. Upon written request, the victims and surviving immediate family members of crime shall inform the police and the prosecuting attorney of any notification requirements the victims and surviving immediate family members of crime do not want to receive, but are entitled pursuant to section 801D-4."

SECTION 3. Section 801D-2, Hawaii Revised Statutes, is amended by amending the definition of "major developments" to read as follows:

""Major developments" means arrest or release of the suspect by the police, case deferral by the police, referral to the prosecutor by the police, rejection of the case by the prosecutor, preliminary hearing date, grand jury date, trial and sentencing dates, and the disposition of the case.

The term "major developments" includes the following events:

(1) The defendant or perpetrator is acquitted or otherwise found unfit to proceed on the ground of physical or mental disease, disorder, or defect excluding responsibility under chapter 704;

(2) Following an acquittal or finding of unfitness to proceed under paragraph (1), the defendant or perpetrator is subsequently:

(A) Released or otherwise discharged from custody; or

(B) Committed to the custody of the director of health for placement in an appropriate public or private institution, including:

(i) The state hospital established under section 334-31;

    (ii) A psychiatric facility, special treatment facility, or therapeutic living program, as those terms are defined in section 334-1; or

   (iii) Any other public or private facility or institution, whether on an inpatient or outpatient basis, for the care, custody, diagnosis, treatment, or rehabilitation of that person;

or

(3) The defendant or perpetrator has regained fitness to proceed pursuant to section 704-406(2), including the date on which the penal proceedings are to be resumed."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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