STAND. COM. REP. NO. 2062

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 245

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 245, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO WITNESSES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to increase the per diem payments of out-of-state witnesses in criminal cases to support and encourage out-of-state witnesses to return to Hawaii to participate in the prosecution of those cases.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; and Department of the Prosecuting Attorney of the County of Maui.  The Department of Budget and Finance submitted comments.

 

     Your Committee finds that the last time the Legislature increased the per diem payment for out-of-state witnesses was in 1989.  This amount is no longer sufficient for out-of-state witnesses to pay for their personal expenses, such as for food and lodging, and discourages or prevents out-of-state witnesses from returning to the State to testify against offenders.  Furthermore, the per diem amount for witnesses who are required to travel to and stay overnight on another island to attend a state court is also insufficient.  Increasing the per diem payment for out-of-state witnesses from $110 to $145 per day and providing an additional $90 per day for witnesses who are required to travel and stay overnight on another island will support and encourage out-of-state witnesses to testify and enable the prosecution of important cases.

 

     Your Committee believes that the sufficiency of the increased per diem payments for out-of-state witnesses is an issue that merits further discussion by the Committee on Ways and Means.

 

     Your Committee has amended this measure by changing the effective date from January 7, 2050, to July 1, 2012.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 245, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 245, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair