STAND. COM. REP. NO. 200-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2683

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2683 entitled:

"A BILL FOR AN ACT RELATING TO DEFERRED ACCEPTANCE OF GUILTY PLEA AND DEFERRED ACCEPTANCE OF NOLO CONTENDERE PLEA,"

begs leave to report as follows:

The purpose of this bill is to disqualify offenses involving substantial bodily injury from a deferred acceptance of guilty plea (DAG plea) and a deferred acceptance of nolo contendere plea (DANC plea).

The Department of the Attorney General, Department of the Prosecuting Attorney for the City and County of Honolulu, Office of the Prosecuting Attorney for the County of Hawaii, Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and the Hawaii Rifle Association testified in support of this bill. The Office of the Public Defender provided comments.

Your Committee finds that the express language of section 853-4, Hawaii Revised Statutes, permits a DAG plea and a DANC plea for cases of substantial bodily injury, but does not permit them for cases of bodily injury and serious bodily injury. This measure adds the intermediate level of bodily injury to the list of offenses ineligible for a DAG plea or a DANC plea.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2683 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,

 

____________________________

ERIC G. HAMAKAWA, Chair