Report Title:

Indigent Criminal Defendants; Legal Representation

Description:

Provides when indigent criminal defendants may request counsel, be notified of right to counsel, and what is included in the representation by counsel.

HOUSE OF REPRESENTATIVES

H.B. NO.

1487

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to indigent criminal defendants.

 

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

SECTION 1. Section 802-1, Hawaii Revised Statutes, is amended to read as follows:

"802-1 Right to representation by public defender or other appointed counsel. Any indigent person who is:

(1) [arrested] Arrested for, charged with or convicted of an offense or offenses punishable by confinement in jail or prison or for which such person may be or is subject to the provisions of chapter 571; [or]

(2) [threatened] Threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility; or

(3) [the] The subject of a petition for involuntary outpatient treatment under chapter 334;

shall be entitled to be represented by a public defender[.], which shall include the right to competent legal counsel, together with investigative, psychiatric, forensic, paralegal, and other services necessary for adequate representation as required by rule 1.1 of the Hawaii rules of professional conduct, the State Constitution, the Constitution of the United States, and any other applicable law. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel.

The appearance of the public defender in all judicial proceedings shall be subject to court approval.

The appearance of a public defender in all hearings before the Hawaii paroling authority or other administrative body or agency shall be subject to the approval of the chairperson of the Hawaii paroling authority or the administrative head of the body or agency involved."

SECTION 2. Section 802-2, Hawaii Revised Statutes, is amended to read as follows:

"802-2 Notification of right to representation. In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel[,] or attempts to file legal documents raising significant issues respecting any proceeding without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the person is financially unable to obtain counsel, the court may appoint one at the cost to the State."

SECTION 3. Section 802-3, Hawaii Revised Statutes, is amended to read as follows:

"802-3 Request for appointment of counsel. Any person entitled to representation by a public defender or other appointed counsel, including any person making a prima facia material, factual, or legal allegation that valid grounds reasonably may exist to investigate, file a motion pursuant to rule 40 of the Hawaii rules of penal procedure, or both, may at any reasonable time request any judge to appoint counsel to represent the person."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date. This Act shall be applicable to any and all representational services provided after the effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

_____________________________