REPORT TITLE:
Legislative Privilege


DESCRIPTION:
Amends the Hawaii constitution to repeal the provision that
exempts legislators from arrest in all cases, except for felony
or breach of the peace, during their attendance at the sessions
of their respective houses, and in going to and returning from
the sessions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.33         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7, OF THE HAWAII
   CONSTITUTION, TO REPEAL A PROVISION RELATED TO LEGISLATIVE
   PRIVILEGE.



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


 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article III, section 7, of the Constitution of the
 
 3 State of Hawaii to repeal a provision that exempts legislators
 
 4 from arrest in all cases except for felony or breach of the peace
 
 5 while in attendance at the sessions of their respective houses,
 
 6 or in going to or returning from session. 
 
 7      SECTION 2.  Article III, section 7, of the Constitution of
 
 8 the State of Hawaii is amended to read as follows:
 
 9                      "PRIVILEGES OF MEMBERS
 
10      Section 7.  No member of the legislature shall be held to
 
11 answer before any other tribunal for any statement made or action
 
12 taken in the exercise of the member's legislative functions[; and
 
13 members of the legislature shall, in all cases except felony or
 
14 breach of the peace, be privileged from arrest during their
 
15 attendance at the sessions of their respective houses, and in
 
16 going to and returning from the same]."
 
17      SECTION 3.  The question to be printed on the ballot shall
 
18 be as follows:
 

 
Page 2                                                     
                                     H.B. NO.33         
                                                        
                                                        

 1      
 
 2      "Shall the provision that exempts legislators from arrest in
 
 3      all cases, except for felony or breach of the peace, during
 
 4      their attendance at the sessions of their respective houses,
 
 5      and in going to and returning from the sessions, be
 
 6      repealed?"
 
 7      SECTION 4.  Constitutional material to be repealed is
 
 8 bracketed.
 
 9      SECTION 5.  This amendment shall take effect upon compliance
 
10 with article XVII, section 3, of the Constitution of the State of
 
11 Hawaii.
 
12 
 
13                           INTRODUCED BY:  _______________________