Report Title:
Police; entry
Description:
Clarifies the procedure a police officer must follow whenever it is necessary to enter a house to arrest an offender, and entrance is refused. Specifically, before breaking any door, the officer must first demand entrance in a loud voice.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1242 |
TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHAPTER 803.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-9, Hawaii Revised Statutes, is amended to read as follows:
"§803-9 Examination after arrest; rights of arrested person. It shall be unlawful in any case of arrest for examination:
(1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or a member of the arrested person's family;
[(2) To unreasonably refuse or fail to make
a reasonable effort, where the arrested person so requests and prepays the cost
of the message, to send a telephone, cable, or wireless message through a
police officer or another than the arrested person to the counsel or member of
the arrested person's family;
(3)] (2) To deny to counsel (whether
retained by the arrested person or a member of the arrested person's family) or
to a member of the arrested person's family the right to see or otherwise
communicate with the arrested person at the place of the arrested person's
detention (A) at any time for a reasonable period for the first time after the
arrest, and (B) thereafter at reasonable intervals and for a reasonable time;
[(4)] (3) In case the person arrested
has requested that the person see an attorney or member of the person's family,
to examine the person before the person has had a fair opportunity to see and
consult with the attorney or member of the person's family;
[(5)] (4) To fail within forty-eight
hours of the arrest of a person on suspicion of having committed a crime either
to release or to charge the arrested person with a crime and take the arrested
person before a qualified magistrate for examination."
SECTION 2. Section 803-11, Hawaii Revised Statutes, is repealed.
["§803-11 Entering house to arrest.
Whenever it is necessary to enter a house to arrest an offender, and entrance
is refused, the officer or person making the arrest may force an entrance by
breaking doors or other barriers. But before breaking any door, the officer or
person shall first demand entrance in a loud voice, and state that the officer
or person is the bearer of a warrant of arrest; or if it is in a case in which
arrest is lawful without warrant, the officer or person shall substantially
state that information in an audible voice."]
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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BY REQUEST |