Citations; Fee

Imposes an administrative fee of $25 on a person to whom a
citation has been issued, to be distributed to the respective
county in which the citation was issued.

THE SENATE                              S.B. NO.           67
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 803-6, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "803-6 Arrest, how made[.]; citations.  (a)  At or before
 4 the time of making an arrest, the person shall declare that the
 5 person is an officer of justice, if such is the case.  If the
 6 person has a warrant, the person [should] shall show it[; or if]
 7 to the party being arrested.  If the person makes the arrest
 8 without warrant in any of the cases in which it is authorized by
 9 law, the person [should give]:  shall inform the party arrested
10 [clearly to understand for what cause the person undertakes to
11 make] of the basis for the arrest[, and]; shall require the party
12 arrested to submit; and [be taken] shall take the arrested party
13 to the police station or judge.  This done, the arrest is
14 complete. 
15      (b)  In any case in which it is lawful for a police officer
16 to arrest a person without a warrant for a misdemeanor, petty
17 misdemeanor, or violation, the police officer may, but need not,
18 issue a citation in lieu of the requirements of subsection (a),
19 if the police officer finds and is reasonably satisfied that the

Page 2                                                     
                                     S.B. NO.           67

 1 person:
 2      (1)  Will appear in court at the time designated; 
 3      (2)  Has no outstanding arrest warrants [which] that would
 4           justify the person's detention or give indication that
 5           the person might fail to appear in court; and 
 6      (3)  That the offense is of such nature that there will be
 7           no further police contact on or about the date in
 8           question[,] or in the immediate future. 
 9      (c)  The citation shall contain: 
10      (1)  Name and current address of offender; 
11      (2)  Social security number; 
12      (3)  Description of offender; 
13      (4)  Nature of the offense; 
14      (5)  Time and date; 
15      (6)  Notice of time and date for court appearance; 
16      (7)  Signature of officer (badge); 
17      (8)  Signature of offender agreeing to court appearance; 
18      (9)  Remarks; and 
19     (10)  Notice[-you] stating:  "You are hereby directed to
20           appear at the time and place designated above to stand
21           trial for the offense indicated.  A failure to obey
22           this citation may result in a fine or imprisonment, or
23           both." 

Page 3                                                     
                                     S.B. NO.           67

 1      (d)  [Where] When a citation has been issued in lieu of the
 2 requirements of subsection (a) [above], the officer who issues
 3 the summons or citation may subscribe to the complaint under oath
 4 administered by any police officer whose name has been submitted
 5 to the prosecuting officer and who has been designated by the
 6 chief of police to administer the oath. 
 7      (e)  If a person fails to appear in answer to the
 8 citation[;] or if there is reasonable cause to believe that the
 9 person will not appear, a warrant for the person's arrest may be
10 issued.  Wilful failure to appear in answer to the citation may
11 be punished by a fine of not more than $100 or imprisonment of
12 not more than 30 days or both.
13      (f)  When a citation has been issued to a person, an
14 administrative fee of $25 shall be imposed on the person, and the
15 proceeds shall be distributed to the respective county in which
16 the citation was issued."
17      SECTION 2.  This Act does not affect rights and duties that
18 matured, penalties that were incurred, and proceedings that were
19 begun before its effective date.
20      SECTION 3.  Statutory material to be repealed is bracketed.
21 New statutory material is underscored.

Page 4                                                     
                                     S.B. NO.           67

 1      SECTION 4.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:_________________________