HOUSE OF REPRESENTATIVES

H.B. NO.

1981

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO A BASIC BILL OF RIGHTS FOR VICTIMS AND WITNESSES.

 

 

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

 


     SECTION 1.  Section 801D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Upon written request, victims and surviving immediate family members of crime shall have the following rights:

     (1)  To be informed by the police and the prosecuting attorney of the final disposition of the case.  If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the defendant or perpetrator is released from custody.  The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;

     (2)  To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;

     (3)  To receive protection from threats or harm;

     (4)  To be informed by the police, victim/witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;

     (5)  To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;

     (6)  To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence.  If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; [and]

     (7)  To be informed by the department of public safety of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term[.]; and

     (8)  To be given priority over other pending criminal prosecutions on the court's criminal case calendar for the prosecution of any offense under sections 707-701 to 707-704, 707-710 to 707-712, 707-720 to 707-721, 707-730 to 707-734, 709-903.5, and 709-904(1) in which the victim is:

(A)  Under fourteen years of age at the time of the alleged offense; or

(B)  Developmentally disabled and a minor at the time of the alleged offense;

unless the court determines, sua sponte or upon motion by a party pursuant to court rules, that justice will be better served by permitting a delay in the proceedings.

     A request for priority pursuant to this paragraph may be made by any victim, parent or guardian of a victim, or counselor or forensic interviewer of a victim; provided that the person making the request is not the named defendant in the relevant criminal prosecution.

     As used in this section, "priority" means being placed first on the court's calendar for the next sitting immediately following thirty days from the date of written request for prosecution.  If there is more than one case requesting priority status, then the request for prosecution of an offense with the earliest date of commission shall have priority over cases with more recent dates of commission, unless otherwise shown to be in the interests of justice."

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

     SECTION 3.  This Act shall take effect on July 1, 2050.


 


 

Report Title:

Judicial Court Calendars; Priority for Child Victims of Serious Crimes

 

Description:

Provides that child victims of serious crimes shall obtain priority on court calendars to minimize the psychological effects of the crime and the associated re-traumatization of child victims. Minimizes the loss of evidence associated with time lapse memory losses of young children.  Effective July 1, 2050.  (HB1981 HD1)

 

 

 

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