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:

Thursday, March 14, 2019

TIME:

2:00pm

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

SB 638, SD1

(SSCR811)

Status

RELATING TO LIQUOR.

Adds unlicensed sale of liquor and unlicensed manufacture of liquor as offenses for which property is subject to forfeiture and increases the grade of the offense of unlicensed sale of liquor to a class C felony. Amends definitions of "organized crime" and "racketeering activity" to include the unlicensed sale of liquor. (SD1)

 

JUD, CPC

SB 1460, SD1

(SSCR1082)

Status

RELATING TO INTOXICATING LIQUOR.

Requires carriers to report shipments of liquor made statewide to county liquor commissions and liquor control adjudication boards. (SD1)

 

JUD, FIN

SB 1037, SD1

(SSCR782)

Status

RELATING TO DOMESTIC VIOLENCE.

Amends the offense of strangulation of a family or household member to include causing bodily injury by blocking the nose or mouth of the person or applying excessive pressure to the chest. Clarifies that infliction of visible injury is not required to establish the offense. (SD1)

 

JUD

SB 1039

(SSCR786)

Status

RELATING TO PROSTITUTION.

Permits persons convicted of certain prostitution offenses to file a motion to vacate the conviction if the defendant is not convicted of another offense under the penal code within three years of the prostitution offense.

 

JUD

SB 92, SD1

(SSCR797)

Status

RELATING TO POLICE REPORTS.

Allows each surviving immediate family members of murder or manslaughter victims to receive a copy of the closing report prepared by the investigating police department, upon the conclusion of all criminal and civil proceedings that arose from the offense. (SD1)

 

JUD

SB 414, SD1

(SSCR829)

Status

RELATING TO CRIMINAL PROCEDURE.

Creates procedural and administrative requirements for law enforcement agencies for eyewitness identifications of suspects in criminal investigations. Grants the prosecution and the defense the right to challenge any eyewitness identification to be used at trial in a pretrial evidentiary hearing. Effective February 1, 2021. (SD1)

 

JUD

SB 325, SD1

(SSCR778)

Status

RELATING TO PARENTAGE.

Clarifies that evidence relating to an alleged parent's consent to an artificial insemination procedure that resulted in the birth of a child may be introduced as evidence relating to paternity. (SD1)

 

JUD

SB 558

(SSCR772)

Status

RELATING TO NAMES.

Allows parties to a marriage or civil union to choose any middle or last name to use upon the marriage or civil union.

 

JUD

SB 105, SD1

(SSCR699)

Status

RELATING TO JURY DUTY.

Clarifies that jurors are entitled to reimbursement for reasonable transportation costs to and from the court. Includes rail fare, bicycle rental, or taxi costs or other hired car service up to a specified maximum amount. Effective 7/1/2050. (SD1)

 

JUD, FIN

SB 130, SD1

(SSCR700)

Status

RELATING TO CIVIL LEGAL SERVICES.

Appropriates funds for the judiciary to purchase civil legal services for low- and moderate-income persons. Effective 7/1/2050. (SD1)

 

JUD, FIN

SB 1342

(SSCR773)

Status

RELATING TO THE PROBATE CODE.

Establishes restrictions on donative transfers to protect transferors from coercive, exploitative, or otherwise improper transfers benefitting persons involved with drafting the transfer instrument or persons who have significant influence over the transferor.

 

JUD

SB 955

(SSCR807)

Status

RELATING TO PUBLIC FINANCIAL DISCLOSURE STATEMENT.

Requires financial disclosure statements of state agency executive directors to be public records available for inspection and duplication.

 

JUD, FIN

SB 852, SD2

(SSCR703)

Status

RELATING TO RESTITUTION FOR VICTIMS OF CRIME.

Clarifies that reimbursement to crime victims includes lost earnings, mental health treatment, counseling, and therapy. (SD2)

 

JUD, FIN

SB 1286, SD1

(SSCR1163)

Status

RELATING TO COURTS.

Raises the district courts' jurisdictional limit for civil actions involving specific performance. Effective 7/1/2050. (SD1)

 

JUD, FIN

SB 1464, SD2

Proposed HD1

Status

RELATING TO JUDICIAL PROCEEDINGS.

Proposed HD1: Prohibits civil asset forfeiture unless the covered offense is a felony for which the property owner has been convicted. Excludes the forfeiture proceedings for an animal pending criminal charges. Requires the Attorney General to distribute one half of all forfeited property and the sale proceeds thereof to the Hawaii law enforcement assisted diversion program, with the remaining half to be distributed to the state general fund. Effective 71/2030.

 

 

Copies of the proposed HD1 are available in room 302 and on the Legislature's Web site: http://www.capitol.hawaii.gov.

 

SB 187, SD2

(SSCR976)

Status

RELATING TO DISTRICT COURT JUDGES.

Establishes one additional district court judgeship in the First Circuit and in the Second Circuit. Makes an appropriation. Effective 7/1/2050. (SD2)

 

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 or 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