Bill Text: HI SB2557 | 2024 | Regular Session | Amended
Bill Title: Relating To Legal Representation.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Enrolled) 2024-05-03 - Received notice of passage on Final Reading in House (Hse. Com. No. 830). [SB2557 Detail]
Download: Hawaii-2024-SB2557-Amended.html
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THE SENATE |
S.B. NO. |
2557 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LEGAL REPRESENTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 334-126, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The court may appoint an attorney for the
subject if the court determines that the interests of justice require one be
appointed. If the subject of the
petition is represented by [their own] an attorney, whether retained
by the subject or appointed by the court, the attorney shall be allowed
adequate time for investigation of the matters at issue and for preparation,
and shall be permitted to present the evidence that the attorney believes
necessary for a proper disposition of the proceeding."
SECTION 2. Section 802-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any indigent person who is:
(1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;
(2) Threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility;
[(3) The subject of a petition for assisted
community treatment under chapter 334;] or
[(4)] (3)
The subject of a petition for involuntary medical treatment under
chapter 353,
shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Public Defender; Hawaii Paroling Authority; Legal Representation
Description:
Allows a court to appoint an attorney for the subject of a petition for assisted community treatment if the interests of justice require one be appointed. Repeals paragraph (3) of section 802-1(a), Hawaii Revised Statutes, which entitles the subject of a petition for assisted community treatment to legal representation by a public defender. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
