Crime Victims; Major Devts.

Amends the bill of rights for crime victims by amending the
definition of "major developments" to include unfitness to stand
trial, transfer to the state hospital or other pyschiatric
facility, or regaining fitness to proceed.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.  The legislature finds that under the basic bill
 2 of rights of crime victims and witnesses in chapter 801D, Hawaii
 3 Revised Statutes, victims and surviving immediate family members
 4 of crime, upon their written request, must be notified of "major
 5 developments" in the case and whenever the defendant or
 6 perpetrator is released from custody, provided that the crime
 7 charged is a felony.  This right of crime victims and their
 8 surviving immediate family members does not depend on whether or
 9 not the person has actually been convicted of that crime, since
10 the term "crime" is defined in that chapter as an act or omission
11 committed by an adult or juvenile that would constitute an
12 offense against the person under the Hawaii penal code.
13      However, the definition of "major developments" in that
14 chapter is vague with respect to whether that term includes such
15 events as a finding that the perpetrator is deemed unfit to stand
16 trial, has been transferred to the state hospital or other
17 psychiatric institution, or has been rehabilitated and
18 transferred back to the jurisdiction of the county for resumption
19 of penal proceedings upon regaining fitness to proceed.  While

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 1 the definition of that term includes "the disposition of the
 2 case", this phrase arguably does not include these other
 3 developments.
 4      Consequently, a victim or surviving immediate family member
 5 of a felony may conceivably not be notified of a defendant's or
 6 perpetrator's acquittal and release if found unfit to proceed, or
 7 transfer to the state hospital or other facility, since these
 8 events are not specifically included in the definition of "major
 9 developments".  The legislature finds that these crime victims
10 and their families should be notified under these circumstances,
11 however, and should be further notified of the date of the
12 resumption of penal proceedings should the defendant or
13 perpetrator be subsequently deemed to be fit to proceed.
14      Accordingly, the purpose of this Act is to amend the
15 definition of "major developments" to include unfitness to stand
16 trial, transfer to the state hospital or other pyschiatric
17 facility, or regaining fitness to proceed.
18      SECTION 2.  Section 801D-2, Hawaii Revised Statutes, is
19 amended by amending the definition of "major developments" to
20 read as follows:
21      ""Major developments" means arrest or release of the suspect
22 by the police, case deferral by the police, referral to the
23 prosecutor by the police, rejection of the case by the

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 1 prosecutor, preliminary hearing date, grand jury date, trial and
 2 sentencing dates, and the disposition of the case.
 3      The term "major developments" includes the following events:
 4      (1)  The defendant or perpetrator is acquitted or otherwise
 5           found unfit to proceed on the ground of physical or
 6           mental disease, disorder, or defect excluding
 7           responsibility under chapter 704;
 8      (2)  Following an acquittal or finding of unfitness to
 9           proceed under paragraph (1), the defendant or
10           perpetrator is subsequently:
11           (A)  Released or otherwise discharged from custody; or
12           (B)  Committed to the custody of the director of health
13                for placement in an appropriate public or private
14                institution, including:
15                (i)  The state hospital established under section
16                     334-31;
17               (ii)  A psychiatric facility, special treatment
18                     facility, or therapeutic living program, as
19                     those terms are defined in section 334-1; or
20              (iii)  Any other public or private facility or
21                     institution, whether on an inpatient or
22                     outpatient basis, for the care, custody,
23                     diagnosis, treatment, or rehabilitation of

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 1                     that person; or
 2      (3)  The defendant or perpetrator has regained fitness to
 3           proceed pursuant to section 704-406(2), including the
 4           date on which the penal proceedings are to be resumed."
 5      SECTION 3.  New statutory material is underscored.
 6      SECTION 4.  This Act shall take effect upon its approval.
 8                              INTRODUCED BY:______________________