THE SENATE

S.B. NO.

181

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to dismissal of criminal cases.

 

 

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

 


SECTION 1. Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"806- Dismissal by court; court congestion.  On motion of the defendant, the court shall dismiss the charge, with or without prejudice in its discretion, if trial is not commenced within six months, pursuant to rule 48(b), (c), or (d) of the Hawaii rules of penal procedure; provided that any periods of delay for the commencement of trial due to congestion of the trial docket shall be excluded in computing the time for trial commencement; provided further that this section shall not apply to cases of traffic offenses that are not punishable by imprisonment or criminal cases involving abuse of a family or household member under section 709-906."

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 upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Honolulu Prosecuting Attorney Package; Criminal Procedure; Dismissal; Court Congestion

 

Description:

Requires that trial commence within 6 months in all criminal cases, pursuant to rule 48(b), (c), or (d) of the Hawaii rules of penal procedure, provided that any periods that delay the commencement of trial and are caused by court congestion shall be excluded from the computation of time. Excludes from the requirement certain traffic court cases and criminal cases involving abuse of a family or household member.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.