HOUSE OF REPRESENTATIVES

H.B. NO.

6

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to bail.

 

 

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

 


     SECTION 1.  The legislature finds that violent felonies perpetrated against individuals are a pervasive problem in the State and that deterring recidivism and promoting citizen safety are important state interests.  Accordingly, the legislature finds that stricter laws relating to repeat offenders will help further these interests.

     The purpose of this Act is to deter recidivism and promote safety by expanding the criteria under which a person may be denied bail.

     SECTION 2.  Section 804-3, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  For purposes of this section, "serious crime" means murder or attempted murder in the first degree, murder or attempted murder in the second degree, [or] a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, or a felony involving violence against a person, and "bail" includes release on one's own recognizance, supervised release, and conditional release."

     2.  By amending subsection (c) to read:

     "(c)  Under subsection (b)(1) a rebuttable presumption arises that there is a serious risk that the person will flee or will not appear as directed by the court where the person is charged with a criminal offense punishable by imprisonment for life without possibility of parole.  For purposes of subsection (b)(3) and (4) a rebuttable presumption arises that the person poses a serious danger to any person or community or will engage in illegal activity where the court determines that:

     (1)  The defendant has been previously convicted of a serious crime [involving violence against a person within the ten-year period preceding the date of the charge against the defendant;] and is subject to sentencing pursuant to section 706-606.5;

     (2)  The defendant is already on bail on a felony charge [involving violence against a person]; or

     (3)  The defendant is on probation or parole for a serious crime [involving violence to a person]."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 


 

Report Title:

Bail; Repeat Offenders; Denial for Certain Offenses

 

Description:

Expands conditions under which bail may be denied to repeat offenders.

 

 

 

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