STAND. COM. REP. NO. 2562

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2186

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2186 entitled:

 

"A BILL FOR AN ACT PROPOSING AMENDMENTS TO ARTICLE V OF THE CONSTITUTION OF THE STATE OF HAWAII TO AUTHORIZE LEGISLATION REGARDING THE PROCESS BY WHICH CRIMINAL REPRIEVES, COMMUTATIONS, AND PARDONS ARE SUBMITTED TO AND CONSIDERED BY THE GOVERNOR,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to propose amendments to article V, section 5, of the Constitution of the State of Hawaii to allow legislation regarding the process by which executive reprieves, commutations, and pardons are submitted to and considered by the Governor.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.  Your Committee received testimony in opposition to this measure from the Hawaii Paroling Authority.

 

     Your Committee finds that the Hawaii State Constitution provides that the governor may grant reprieves, commutations and pardons, after conviction, for all offenses, subject to regulation by law as to the manner of applying for the same.  Under existing law, there is no requirement that prosecutors or crime victims receive advance notice of applications for pardons or commutations.  Your Committee further finds that it is unclear whether a constitutional amendment is needed to address concerns of stakeholders, or if legislation is sufficient.  Your Committee therefore believes further discussion of this matter is necessary.

 

     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 S.B. No. 2186 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

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KARL RHOADS, Chair