STAND. COM. REP. NO.1396-02
RE: S.B. No. 2632
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2632 entitled:
"A BILL FOR AN ACT RELATING TO ARRESTS,"
begs leave to report as follows:
The purpose of the bill is to clarify the offense of wilful failure to appear in answer to a citation by:
(1) Replacing the term "wilful" with the term "knowing"; and
(2) Changing the fine to $1,000 to conform it to that of a petty misdemeanor.
Your Committee received testimony in support of the measure from the Judiciary.
Your Committee finds that pursuant to section 702-210, Hawaii Revised Statutes, where an offense is required to be committed wilfully, the requirement is satisfied if the person acted knowingly with respect to the elements of the offense.
Your Committee also finds that the penalty for failure to appear in answer to a citation should be made to fully conform to a petty misdemeanor by conforming the fine.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2632 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair