STAND. COM. REP. NO. 2448

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2158

 

 

 

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. 2158 entitled:

 

"A BILL FOR AN ACT RELATING TO BAIL,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require law enforcement agencies to accept cash bail, certified copies of pre‑filed bail bonds, and original bail bonds when the court is closed, including nights, weekends, and holidays, to facilitate the prompt release of the detainee after bail is accepted.

 

     Your Committee received testimony in support of this measure from the Professional Bail Agents of Hawaii; Da Kine Bail Bonds, Inc.; and one private individual.  The Department of Public Safety and the Office of the Public Defender submitted comments.

 

     Your Committee finds that if a person is taken into custody during non-regular business hours, such as during the night, weekend, or holiday, that person is not able to post bail because the courts are closed, even if the person possesses the bail amount at that time.  Individuals are required to pay their bail amount at the courts only during regular business hours.  Thus, even if a person who is detained Friday night possesses the bail amount on Friday, that person will remain detained until Monday morning, when the court opens.  This measure ensures the right to bail at all hours, not just during normal business hours.

 

     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. 2158 and recommends that it pass Second Reading 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