Bill Text: HI HB175 | 2020 | Regular Session | Amended
Bill Title: Relating To Bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB175 Detail]
Download: Hawaii-2020-HB175-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
175 |
|
THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO BAIL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 804, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§804- Unsecured bail. (a) After an amount of bail is determined by a justice or judge pursuant to section 804-9, a defendant in custody may petition the court for unsecured bail. Upon a showing that:
(1) Securing the
bail bond or obtaining a surety or sureties to secure the bail bond pursuant to
section 804-11.5 would result in significant financial hardship; and
(2) The continued
incarceration of the defendant would jeopardize the defendant's ability to
maintain employment, remain enrolled in any educational or training program,
care for a dependent, continue medical or therapeutic treatment, or maintain
housing;
the court may order the defendant released upon the
execution of an unsecured financial bond for all or part of the bail amount by
the defendant and any additional obligors as may be required by the court, upon
the deposit of cash or other security as described in section 804-11.5 for any
remaining bail amount not covered by the unsecured financial bond, and subject
to any other conditions of release that will reasonably assure the appearance
of the defendant in court as required and protect the public.
(b) In granting or denying a petition for unsecured
bail, the court may consider:
(1) The defendant's:
(A) Employment status and history;
(B) Family relationships, specifically the nature and extent of those relationships;
(C) Past
and present residences;
(D) Character
and reputation;
(E) Ties to the community;
(F) Financial circumstances; and
(G) Prior criminal record, if any, and any prior failures to appear in court;
(2) The agreement of any person to assist the defendant to appear in court when required and to satisfy the conditions of release;
(3) The results of an empirical and validated pretrial risk assessment;
(4) The offense charged and any potential sentence; and
(5) Any other facts
the court finds relevant to the defendant's likelihood to appear in court and
satisfy the conditions of release.
(c)
This section shall not apply if the offense involves:
(1) Assault;
(2) Terroristic
threatening;
(3) Sexual assault;
(4) Abuse of family
or household members;
(5) Violation of a
temporary restraining order;
(6) Violation of an
order for protection;
(7) Operating
a vehicle under the influence of an intoxicant;
(8) Negligent
homicide; or
(9) Any other crime of violence."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
OHA Package; Office of Hawaiian Affairs; Courts; Unsecured Bail
Description:
Authorizes a defendant in custody to petition a court for unsecured bail. (HB175 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
