Report Title:

Bail Jumping

Description:

Establishes offense of bail jumping in the 3rd degree if the person fails to appear in court if ordered or directed by a law enforcement official; clarifies that bail jumping in the 2nd degree is a petty misdemeanor and applies to individuals who fail to appear in court when ordered by a law enforcement official. (SD1)

THE SENATE

S.B. NO.

612

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to bail.

 

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

SECTION 1. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§710-   Bail jumping in the third degree. (1) A person commits the offense of bail jumping in the third degree if, having been released from custody either by court order or by the sheriff, chief of police, or other person authorized under section 804-5, with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a petty misdemeanor, the person knowingly fails to appear as ordered or directed.

(2) Bail jumping in the third degree is a petty misdemeanor, for which the term of imprisonment shall not exceed thirty days.

(3) For purposes of this section, when a person is released from custody by the sheriff, chief of police, or other person authorized under section 804-5, with or without bail, the person shall be given written notice of the time, date, and location of court appearance on the bail receipt. The person shall acknowledge through the person's signature the information provided. If the person refuses or is unable to sign, the law enforcement officer shall duly note it on the notice."

SECTION 2. Section 710-1025, Hawaii Revised Statutes, is amended to read as follows:

"§710-1025 Bail jumping in the second degree. (1) A person commits the offense of bail jumping in the second degree if, having been released from custody either by court order or by the sheriff, chief of police, or other person authorized under section 804-5, with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a misdemeanor [or a petty misdemeanor], the person knowingly fails to appear as ordered[.] or directed.

(2) Bail jumping in the second degree is a petty misdemeanor.

(3) For purposes of this section, when a person is released from custody by the sheriff, chief of police, or other person authorized under section 804-5, with or without bail, the person shall be given written notice of the time, date, and location of court appearance on the bail receipt. The person shall acknowledge through the person's signature the information provided. If the person refuses or is unable to sign, the law enforcement office shall duly note it on the notice."

SECTION 3. Section 804-5, Hawaii Revised Statutes, is amended to read as follows:

"§804-5 By whom allowed. In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed [two years'] one year's imprisonment with or without fine, the sheriff, the sheriff's depu1ty, the chief of police or any person named by the chief of police, or the sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its 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 upon its approval.