CONFERENCE COMMITTEE REP. 51-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 996

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 996, H.D. 1, entitled:

"A BILL FOR AN ACT PROPOSING AMENDMENTS TO ARTICLE I, SECTION 10, OF THE HAWAII CONSTITUTION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to amend the Constitution of the State of Hawaii to authorize the initiation of felony prosecutions by written information, in addition to the existing processes of grand jury indictments and preliminary hearings.

Section 10, article I, of the State Constitution requires that felony prosecutions be initiated by grand jury indictment or upon the filing of a complaint following a preliminary hearing. These procedures require the expenditure of substantial resources by the State and counties since hearsay testimony is not allowed and probable cause must be established through the testimony of witnesses. Additionally, in grand jury proceedings, jurors must be impaneled and compensated, and staff hired to assist the grand jury.

This measure proposes a constitutional amendment to allow an alternative method of initiating a felony prosecution. The direct filing method of initiating a prosecution, which is used in ten other states, involves the submission to the court of a document, also known as a written information, that is similar to a complaint and that is supported by affidavits and other documentary evidence. If a judge finds probable cause based upon the written information, a warrant is issued and the case proceeds to trial.

Your Committee on Conference finds that the use of this alternative method of prosecuting felonies will result in cost savings to the State and counties and allow for better use of law enforcement personnel and other resources. This measure does not eliminate safeguards for the accused because probable cause will still be required to support the issuance of a warrant, and a finding of probable cause will be subject to challenge in a hearing. Further, because prosecutions will be initiated in a more timely fashion, cases will proceed more quickly to trial.

Your Committee on Conference has amended this measure by reverting to S.B. No. 996 in its original form, which does not specify that the charge by information must be for the lowest grade of felony offense.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 996, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 996, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

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ERIC G. HAMAKAWA, Chair

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BRIAN KANNO, Chair