STAND. COM. REP. NO. 2066

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2058

       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 S.B. No. 2058 entitled:

 

"A BILL FOR AN ACT RELATING TO FELONIES FOR WHICH CRIMINAL CHARGES MAY BE INSTITUTED BY WRITTEN INFORMATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to add certain felonies for which criminal charges may be instituted by written information.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu; the Police Department of the City and County of Honolulu; and the Department of the Prosecuting Attorney of the County of Maui.  Testimony in opposition to this measure was submitted by the American Civil Liberties Union of Hawaii; the Community Alliance on Prisons; and one private individual.

 

     Your Committee finds that as new criminal laws have been passed or amended, the written information law has not been amended accordingly to include those new or amended laws.  As such, this measure adds certain felonies that are comparable to the felonies listed in the existing written information law.

 

     Your Committee notes that the Judiciary did not submit any written testimony, and encourages the Judiciary to participate in the ongoing discussion as this measure moves through the legislative process.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2050, to ensure further discussion; and

 

     (2)  Inserting the correct section number for the crime of unauthorized entry into a dwelling in the first degree, and making other technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     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 S.B. No. 2058, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2058, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair