Report Title:

Bail; Domestic Abuse

Description:

Provides that persons charged with abuse of family and household members may not be admitted to bail prior to conviction.

THE SENATE

S.B. NO.

944

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to bail.

 

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

SECTION 1. Section 709-906, Hawaii Revised Statutes, is amended by amending subsection (10) to read as follows:

"(10) The respondent shall be taken into custody and brought before the family court at the first possible opportunity. The court may dismiss the petition or hold the respondent in custody, subject to bail. Notwithstanding section 804-5, the respondent shall not be admitted to bail prior to the respondent's first court appearance. Where the petition is not dismissed, a hearing shall be set."

SECTION 2. Section 804-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person charged with a criminal offense shall be bailable by sufficient sureties; provided that bail may be denied where the charge is for a serious crime, and:

(1) There is a serious risk that the person will flee;

(2) There is a serious risk that the person will obstruct or attempt to obstruct justice, or therefore, injure, or intimidate, or attempt to thereafter, injure, or intimidate, a prospective witness or juror;

(3) There is a serious risk that the person poses a danger to any person or the community; or

(4) There is a serious risk that the person will engage in illegal activity[.];

provided that notwithstanding section 804-5, a person charged with abuse of family and household members shall not be bailable prior to the person's first court appearance pursuant to section 709-906(10)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________