HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
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 804, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§804- Unsecured bail. (a) After an amount of bail is determined by a justice or judge pursuant to section 804-9, a defendant in custody may petition the court for unsecured bail. Upon a showing that:
(1) Securing the bail bond or obtaining a surety or sureties to secure the bail bond pursuant to section 804-11.5 would result in significant financial hardship; and
(2) The continued incarceration of the defendant would jeopardize the defendant's ability to maintain employment, remain enrolled in any educational or training program, care for a dependent, continue medical or therapeutic treatment, or maintain housing;
the court may order the defendant released upon the execution of an unsecured financial bond for all or part of the bail amount by the defendant and any additional obligors as may be required by the court, upon the deposit of cash or other security as described in section 804-11.5 for any remaining bail amount not covered by the unsecured financial bond, and subject to any other conditions of release that will reasonably assure the appearance of the defendant in court as required and protect the public.
(b) In granting or denying a petition for unsecured bail, the court may consider:
(1) The defendant's:
(A) Employment status and history;
(B) Family relationships, specifically the nature and extent of those relationships;
(C) Past and present residences;
(D) Character and reputation;
(E) Ties to the community;
(F) Financial circumstances; and
(G) Prior criminal record, if any, and any prior failures to appear in court;
(2) The agreement of any person to assist the defendant to appear in court when required and to satisfy the conditions of release;
(3) The results of an empirical and validated pretrial risk assessment;
(4) The offense charged and any potential sentence; and
(5) Any other facts the court finds relevant to the defendant's likelihood to appear in court and satisfy the conditions of release.
(c) This section shall not apply if the offense involves:
(2) Terroristic threatening;
(3) Sexual assault;
(4) Abuse of family or household members;
(5) Violation of a temporary restraining order;
(6) Violation of an order for protection;
(7) Operating a vehicle under the influence of an intoxicant;
(8) Negligent homicide; or
(9) Any other crime of violence."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
OHA Package; Office of Hawaiian Affairs; Courts; Unsecured Bail
Authorizes a defendant in custody to petition a court for unsecured bail. (HB175 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.