Report Title:

Sheriffs; Statutory Fees

Description:

Clarifies terminology of sheriff or police officer in regards to law authorizing statutorily set fees for service of process in the district courts.

THE SENATE

S.B. NO.

1563

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DISTRICT COURT COSTS.

 

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

SECTION 1. Section 607-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Sheriff's [or], police officer's, or persons authorized to serve process under law fees:

(1) For serving any criminal summons, warrant, attachment, or other criminal process, $30 effective July 1, 2001.

(2) For serving any civil summons, warrant, attachment, or other civil process, $25 effective July 1, 2001.

(3) For every copy of an attachment and inventory of the property attached, served upon the defendant, $2.

(4) For serving any execution, 12 cents for every $1 collected up to $500, and 7 cents for every $1 over $500.

(5) For serving: subpoena, $25; and subpoena duces tecum or garnishee summons, $15 effective July 1, 2001.

(6) For every mile of travel, more than one, in serving any process, 40 cents; provided that (A) no allowance shall be made where the serving officer uses a conveyance furnished the serving officer by the State, or any political or municipal subdivision thereof; (B) where the serving officer serves more than one person in the course of one trip, the serving officer shall not charge, in the aggregate for all services, more than the mileage for the entire trip; and (C) as far as practicable, in order to minimize the mileage fees for the service, the sheriff or other chief of the serving officers, where service of process is to be made upon an island other than that upon which is situated the court issuing the process, shall cause the process to be transmitted to a deputy, the chief of police or other serving officer upon the island of service, who shall make the service upon receipt of the process; and the service shall be valid, notwithstanding that the process may not be addressed to the officer actually making the service or to the officer's superior.

In lieu of any fee under this subsection, the fee may be an hourly rate of not less than $50 per hour agreed upon in advance between the party requesting the service and the sheriff or police officer performing the service."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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