THE SENATE

S.B. NO.

2158

TWENTY-SIXTH LEGISLATURE, 2012

 

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 804-7, Hawaii Revised Statutes, is amended to read as follows:

"804-7 Release after bail[.]; procedure when court closed. (a) When bail is offered and taken, the prisoner shall be discharged promptly from custody or imprisonment.

(b) When the court with jurisdiction is closed, including nights, weekends, and holidays, a law enforcement agency having custody of a person shall accept cash bail or bail bond. A law enforcement agency shall accept any of the following:

(1) Cash from any person;

(2) A certified copy of a bail bond pre-filed with the court from any person; or

(3) An original bail bond from a person licensed pursuant to chapter 431 as a bail agent or to sell, solicit, and negotiate surety insurance.

(c) A law enforcement agency accepting cash bail or an original bail bond pursuant to subsection (b) shall submit the cash bail or original bail bond to the court with jurisdiction no later than 4:00 p.m. on the first business day following acceptance.

(d) For purposes of this section, "law enforcement agency" means any agency of the State or a county vested by law with the authority to arrest persons for criminal offenses, detain arrested persons pending court action, or retain custody of convicted persons, including the county police departments, the department of the attorney general, and the department of public safety."

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 Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 


 


 

Report Title:

Release on Bail; Procedure

 

Description:

Requires law enforcement agencies to accept cash bail, certified copies of pre-filed bail bonds, and original bail bonds when the court is closed, including nights, weekends, and holidays. Specifies from whom bail may be accepted. Requires prompt release after acceptance of bail.

 

 

 

 

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