THE SENATE

S.B. NO.

2189

TWENTY-NINTH LEGISLATURE, 2018

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO VICTIM RIGHTS.

 

 

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

 


     SECTION 1.  Section 801D-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§801D-5[]]  Responsibility for rights and services.  (a)  Each county is responsible for the enforcement of rights under section 801D-4.  The courts shall fashion all decisions and orders to enhance the recognition of these rights and the provision of these services, to the extent that they will not conflict with the constitutional rights of the defendant.

     (b)  [Neither the] Except as provided in section 801D-4(e), failure of any state or county officer or employee to carry out the requirements of this [section nor compliance] chapter or failure to comply with [it] any of its provisions shall [subject the state or county officer or employee to liability in any civil action.  However, such failure may] provide a basis for [such] disciplinary action as may be deemed appropriate by competent authority.

     (c)  Whenever disciplinary action is taken under subsection (b), the competent authority shall immediately submit a report, including an explanation of the basis for the disciplinary action, to the legislature."

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  Statutory material to be repealed is bracketed and stricken.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

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


 


 

Report Title:

Maui County Package; Victim Rights; Public Officers and Employees; Disciplinary Action; Reporting

 

Description:

Provides that failure of state and county officers and employees to carry out or comply with chapter 801D, HRS, shall provide a basis for disciplinary action, with certain exceptions.  Requires competent authority to immediately report such disciplinary action to the Legislature.  (SB2189 HD1)

 

 

 

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