HB 127 requires courts to set bail amounts based on factors like a defendant's income and financial situation, ensuring the amount is affordable. This bill directly affects individuals arrested and awaiting trial, as their pretrial release conditions would be adjusted to match their ability to pay. The key provision mandates that bail be set at a reasonable level rather than a fixed amount that may be unaffordable. The law is scheduled to take effect on July 1, 3000.
Establishes the Office of Gun Violence Prevention to conduct community outreach on gun violence prevention, develop and administer a grant program for gun violence prevention, and develop and administer a gun violence resource bank. Moves the Gun Violence and Violent Crimes Commission from the Office of the Attorney General to the Department of Law Enforcement. Replaces the Attorney General with the Director of Law Enforcement as Chair of the Gun Violence and Violent Crimes Commission and includes the Attorney General as a commission member. Establishes the Gun Violence Prevention Special Fund and appropriates funds into and out of the special fund. Appropriates funds. Effective 7/1/2077. (SD2)
Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new Hawaii Rule of Evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action. Effective 7/1/3000. (HD2)
Requires the Judiciary to contract with a collection agency or licensed attorney to collect delinquent court-ordered fees, fines, sanctions, and court costs. Repeals the authority of the Judiciary to contract with a collection agency or licensed attorney to collect delinquent restitution. Expressly allows courts to specify a period of time or installments for payment of fees and restitution. Requires district courts to hold payment compliance hearings once per year or as soon as practicable, until all fees, fines, and restitution are fully paid, and requires a defendant in district court to appear and show cause if the defendant fails to pay in full within a time specified by the court or fails to pay three consecutive installments. Makes conforming amendments to related statutes. Appropriates funds. Effective 7/1/3000. (HD2)
Requires the Department of Corrections and Rehabilitation to submit an annual report to the Legislature. Appropriates funds to the Department of Corrections and Rehabilitation for reentry services to connect offenders with community-based services. Effective 7/1/3000. (SD1)
Authorizes a court to modify sentences imposed on juvenile offenders if certain conditions are met and the court finds that, after considering certain factors, the defendant is not a danger to the safety of any person or the community and the modification is in the interests of justice. Establishes procedures, provides for hearings and representation by counsel, and authorizes appellate review. (HD1)
Allows a party aggrieved by the judgment of a circuit court on a minimum term order to appeal to the Intermediate Appellate Court. Requires prisoners to be represented by counsel in any petition challenging the minimum term proceedings. Requires the Supreme Court to establish rules. Establishes grounds for challenging a minimum term order. Appropriates funds. Effective 3/22/2075. (SD1)
Prohibits the Department of Law Enforcement, Department of Land and Natural Resources, Department of Taxation, and Department of the Attorney General from appointing or employing certain former United States Immigration and Customs Enforcement or Border Patrol agents and employees as law enforcement officers. Effective 7/1/3000. (HD1)
Specifies that operating a vehicle under the influence of an intoxicant while a highly intoxicated driver is a misdemeanor for a first offense, or any offense not preceded within a ten-year period. Specifies and imposes additional sentencing and probation requirements for a person convicted of a misdemeanor operating a vehicle under the influence of an intoxicant offense. Upgrades the offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver to a class C felony under certain conditions. Specifies and imposes additional sentencing and probation requirements for a class C felony offense of operating a vehicle under the influence of an intoxicant while a highly intoxicated driver. Prohibits a deferred acceptance of guilty plea for persons convicted of operating a vehicle under the influence of an intoxicant. Effective 7/1/3000. (HD1)
Establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations, and requires officers to document the justification for the arrests. Amends the circumstances under which officers may issue citations in lieu of arrest. Requires officers to issue citations in lieu of arrest for certain petty misdemeanors and violations, unless public safety or flight risks are present or the alleged offense involves operating a vehicle under the influence of an intoxicant or the abuse of family or household members. Requires the Judiciary to promulgate a standardized citation form and updates the required information for citations. Requires citations be visible on an offender's criminal record. Requires the Criminal Justice Research Institute to submit reports. Effective 3/22/2075. (SD1)