STAND. COM. REP. NO. 1702
RE: S.B. No. 192
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Your Committee on Judiciary, to which was referred S.B. No. 192, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO BAIL,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize a defendant in custody to petition a court for unsecured bail; and
(2) Require the court to take appropriate steps to collect the amount of an unsecured financial bond in the even that a defendant fails to appear in court or breaches any other condition of release.
The Office of Hawaiian Affairs, Office of the Public Defender, LGBT Caucus of the Democratic Party of Hawaii, Hawaii Health & Harm Reduction Center, Hawaii Innocence Project, League of Women Voters Hawaii, Young Progressives Demanding Action, Americans for Democratic Action, Community Alliance on Prisons, Hawaii Disability Rights Center, Blueprint for Change, American Civil Liberties Union of Hawaii, and many individuals submitted testimony in support of this measure. The Crime Victim Compensation Commission, Office of the Prosecuting Attorney of the County of Kauai, Retail Merchants of Hawaii, and Sex Abuse Treatment Center submitted testimony in opposition. The Judiciary and a concerned individual submitted comments.
Your Committee has amended this measure by:
(1) Implementing certain recommendations of the Criminal Pretrial Task Force convened pursuant to House Concurrent Resolution No. 134, House Draft 1, Regular Session of 2017; and
(2) Requiring the court to enter an order of forfeiture of the unsecured financial bond in the event that a defendant fails to appear in court as required or breaches any other condition of release instead of requiring the court to take appropriate steps to collect the amount from the defendant or any additional obligors.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 192, S.D. 1, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 192, S.D. 1, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
CHRIS LEE, Chair