Bill Text: HI SB1020 | 2011 | Regular Session | Introduced
Bill Title: Witnesses in Criminal Cases; Per Diem Payments
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (S) Referred to JDL, WAM. [SB1020 Detail]
Download: Hawaii-2011-SB1020-Introduced.html
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THE SENATE |
S.B. NO. |
1020 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to witnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the per diem stipend amount for out-of-state witnesses has remained static for a number of years. This amount is no longer sufficient to pay the personal expenses of out-of-state witnesses, such as lodging and food. Often these individuals are forced to take money out of their own pockets to cover necessary personal expenses when subpoenaed to return to the State as a witness in state court proceedings. Because the per diem stipend amount has not been adjusted to keep pace with the cost of living in Hawaii, it has emerged as an economic barrier that discourages or prevents an out-of-state witness from pursuing charges against offenders due to economic considerations. Further, the legislature also finds that the per diem stipend amount for witnesses who are required to travel to a different island is also not sufficient to cover the witness' personal expenses when that witness is required to stay overnight.
The purpose of this Act is to increase the amount of per diem stipends for out-of-state witnesses as well as make available additional amounts of per diem stipends for a witness who must travel to another island, if that witness is required to stay overnight.
SECTION 2. Section 621-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $20 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State.
In addition to witness' fees, every witness[,
who]:
(1) Who attends a state court from
outside the State shall be entitled to the actual round-trip cost of plane
travel, plus [$110] $145 per twenty-four-hour day[, or if];
or
(2) Who attends a state court from any
island other than that on which the court holds session[,] shall be
entitled to the actual round-trip cost of plane travel, plus $55 per
twenty-four-hour day[, which amounts]; provided that when the witness
is required to stay overnight, the witness shall be entitled to an additional
$90 per twenty-four-hour day.
These per diem payments shall cover all
personal expenses, such as board and lodging[. These per diem payments]
and shall be computed on the basis of quarter day periods of time."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Witnesses in Criminal Cases; Per Diem Payments
Description:
Increases the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
