HOUSE OF REPRESENTATIVES

THE THIRTIETH LEGISLATURE

REGULAR SESSION OF 2019

 

COMMITTEE ON JUDICIARY

Rep. Chris Lee, Chair

Rep. Joy A. San Buenaventura, Vice Chair

 

Rep. Tom Brower

Rep. Calvin K.Y. Say

Rep. Richard P. Creagan

Rep. Gregg Takayama

Rep. Nicole E. Lowen

Rep. Ryan I. Yamane

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

Rep. Dee Morikawa

 

 

NOTICE OF HEARING

 

DATE:

Tuesday, February 5, 2019

TIME:

2:05pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 948

Status

RELATING TO COVERED OFFENDER REGISTRATION.

Requires registration of defendants who have had covered offenses dismissed due to mental or physical disease, disorder, or defect or have been involuntarily hospitalized in lieu of prosecution; clarifies and that criminal justice agencies may access registration information.

 

JUD, FIN

HB 1246

Status

RELATING TO TRESPASS.

Specifies that for purposes of making a complaint for criminal trespass in the second degree on commercial premises, evidence of a prior "reasonable warning or request" to leave the premises may be evidenced by a copy of the previously issued written warning or request, whether or not the copy is posted at the premises or retained by the county police department.

 

JUD

HB 807

Status

RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION.

Amends the misdemeanor offense of unsworn falsification to authorities to include knowingly making a false statement to a state investigator or county inspector in certain circumstances.

 

JUD

HB 949

Status

RELATING TO FALSE CLAIMS TO THE STATE.

Amends false claims statute, section 661-21 (a), Hawaii Revised Statutes, to increase civil monetary penalty minimum and maximum amounts to maintain consistency with federal law so that the State can continue to maximize it's recoveries in cases where State money is taken illegally and False Claims Act prosecution is successful.

 

JUD, FIN

HB 507

Status

RELATING TO SEARCH WARRANTS.

Clarifies and expressly authorizes that search warrants may be issued based upon oral statements or electronic communications.

 

JUD

HB 951

Status

RELATING TO MANSLAUGHTER.

Amends section 707-702(1), Hawaii Revised Statutes, to authorize manslaughter prosecutions for dangerous drug distribution that results in overdose deaths.

 

JUD

HB 711

Status

RELATING TO CRIMINAL DEFENSE.

Prohibits defendants from claiming that discovery, knowledge, or disclosure of a victim's gender, gender identity, gender expression, or sexual orientation resulted in extreme mental or emotional disturbance sufficient to reduce a charge of murder to a charge of manslaughter unless the other circumstances of a defendant's explanation are already sufficient to reasonably find extreme mental or emotional disturbance. Requires the court to instruct the jury to disregard bias and prejudice regarding gender, gender identity, gender expression, or sexual orientation when a defendant's explanation of extreme mental or emotional disturbance includes discovery, knowledge, or disclosure of a victim's gender, gender identity, gender expression, or sexual orientation.

 

JUD

HB 952

Status

RELATING TO LAW ENFORCEMENT STANDARDS BOARD.

Clarifies membership and certain powers and duties of the Law Enforcement Standards Board, establishes new and more realistic deadlines for the completion of board responsibilities, and provides appropriate funds and resources to enable the board to accomplish its mission.

 

JUD, FIN

HB 369

Status

RELATING TO COURT PROCEEDINGS.

Provides that the legislature shall have standing to intervene in any court proceeding involving a claim based upon a constitutional or statutory provision.

 

JUD

HB 1382

Status

RELATING TO CAMPAIGN FINANCE.

Defines "contract with the State". Eliminates campaign fundraising on the property of persons that have accepted legislatively appropriated funds, or received or rendered services to the State, with an aggregate value of $100,000.

 

JUD, FIN

HB 1251

Status

RELATING TO CORPORATIONS.

Requires domestic and foreign corporations to provide their shareholders with reports of independent expenditures and political contributions.

 

JUD

HB 712

Status

RELATING TO ELECTIONS.

Requires certain executive branch candidates to disclose their federal income tax returns in order for their names to appear on an election ballot. Prohibits electors for the offices of President and Vice President of the United States to vote for candidates who have not disclosed their federal income tax returns.

 

JUD

HB 438

Status

RELATING TO ARRANGEMENT OF CANDIDATE NAMES ON BALLOTS.

Requires candidate names to be randomized on individual ballots and randomly rotated across precincts.

 

JUD, FIN

HB 168

Status

RELATING TO THE ELECTRONIC TRANSMISSION OF BALLOTS.

Authorizes a voter with special needs to request that a ballot be forwarded by electronic transmission at any time.

 

JUD

HB 86

Status

PROPOSING AN AMENDMENT OF THE HAWAII CONSTITUTION RELATING TO THE RESIGNATION OF STATE SENATORS.

Constitutional amendment to allow any sitting state senator seeking another public office that begins before the senator's term ends to remain in office as a senator until the next occurring general election, or upon the senator being duly elected and certified to the other public office, whichever occurs first.

 

JUD, FIN

HB 1588

Status

RELATING TO ELECTIONS.

Allows a voter to vote for any primary election candidate, regardless of the candidate's party or status as a nonpartisan candidate. Provides that if there are 2 or more candidates for a state public office, and a candidate receives the majority of votes for that office in the primary, that candidate shall be elected, but if no candidates receive a majority, the 2 candidates receiving the highest vote totals shall advance to the general election. Takes effect upon the ratification of a corresponding constitutional amendment.

 

JUD, FIN

HB 1589

Status

PROPOSING AMENDMENTS TO THE CONSTITUTION REGARDING THE ELECTION OF STATE OFFICIALS.

Provides that if there are 2 or more candidates for a state public office, and a candidate receives the majority of votes for that office in the primary election, that candidate shall be elected. Provides that if none of the candidates receives a majority of votes cast in a primary election for a state public office, the 2 candidates who receive the highest number of votes for that office shall advance to a general election. Repeals constitutional requirements that a candidate for lieutenant governor be elected at the same time and on the same party ticket as a candidate for governor.

 

JUD, FIN

 

 

 

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing. Testimony should indicate:

     Testifier's name with position/title and organization;

     The Committee(s) to which the comments are directed;

     The date and time of the hearing; and

     Measure number.

 

While every effort will be made to incorporate all testimony received, materials received on the day of the hearing or improperly identified or directed, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER: 15 copies (including an original) to Room 442 in the State Capitol;

FAX: For testimony less than 5 pages in length, transmit to 808-586-6531 (Oahu) or 1-800-535-3859 (for Neighbor Islander without a computer to submit testimony through e-mail or the Web); or

WEB: For testimony less than 20MB in size, transmit from http://www.capitol.hawaii.gov/submittestimony.aspx.

 

Testimony submitted will be placed on the legislative website. This public posting of testimony on the website should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-9450 HB 948

Statusor email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements. Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

 

 

 

 

 

________________________________________

Rep. Chris Lee

Chair