Bill Text: HI SB1423 | 2019 | Regular Session | Introduced
Bill Title: Relating To Payment Of Bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2019-07-09 - Vetoed on 07-09-19 - Returned from the Governor without approval (Gov. Msg. No. 1386). [SB1423 Detail]
Download: Hawaii-2019-SB1423-Introduced.html
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THE SENATE |
S.B. NO. |
1423 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to payment of bail.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that, according to the National District Attorneys
Association's national prosecution standards, "[a] prosecutor should not
seek a bail amount or other release conditions that are greater than necessary
to ensure the safety of others and the community and to ensure the appearance
of the defendant at trial". Article
I, section 12, of the Hawaii State Constitution likewise provides that
"[e]xcessive bail shall not be required, nor excessive fines
imposed", and further provides, "the court may dispense with bail if
reasonably satisfied that the defendant or witness will appear when directed,
except for a defendant charged with an offense punishable by life
imprisonment".
The legislature further finds that, in
recent years, several other states have undertaken significant reforms to their
bail processing and other criminal pretrial practices and procedures, including
Alaska, Arizona, Colorado, Kentucky, Maryland, Nevada, New Jersey, New Mexico,
and Utah. In 2017, the judiciary
convened a task force at the request of the legislature to examine and make
recommendations regarding criminal pretrial practices and procedures to
maximize public safety, maximize court appearances, and maximize pretrial
release of the accused and presumed innocent who do not pose a danger or flight
risk.
The legislature additionally finds that one
of the task force's recommendations was to expand the timeframe in which bail
may be posted and defendants released.
The task force's investigations revealed that only in the third circuit
may defendants post cash bail on a twenty-four hours a day, seven days a week
basis. Bail is posted with the Hawaii
county police department, and notification is then made to release the
defendant from the department of public safety's custody. The task force determined that this option
does not exist in other counties, and defendants are frequently unable to post
timely cash bail and be released. As a
result, defendants must either wait to go to court to request release or
contact a bondsman to file a surety bond with the court before they may be
released. The task force concluded that
defendants who are able to post bail or bond should not be detained simply
because of an administrative barrier requiring that bail or bond be payable
only during normal business days and hours.
Accordingly, the purpose of this Act is to permit defendants for whom a monetary amount of bail has been set to pay the bail amount on a twenty-four hours a day, seven days a week basis and be released from custody forthwith upon posting or payment of bail.
SECTION 2. Section 804-7, Hawaii Revised Statutes, is amended to read as follows:
"§804-7
Release after bail. [When
bail is offered and taken the prisoner shall be discharged from custody or
imprisonment.] Any defendant for whom a monetary amount of bail has been
set by the police, other law enforcement agency, or the court, shall be
permitted to post the bail amount at the police department, law enforcement
agency, or county correctional center where the defendant is detained. The monetary bail shall be payable on a
twenty-four hours a day and seven days a week basis. Upon posting or payment of bail, the
defendant or the defendant's representative or agent shall be provided a bail
receipt, and the defendant shall be released from custody forthwith."
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.
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INTRODUCED BY: |
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Report Title:
Bail Posting; Payment; Law Enforcement; Pre-trial Defendants; Detention; Release
Description:
Permits defendants for whom a monetary amount of bail has been set to pay the bail amount on a twenty-four hours a day, seven days a week basis and be released from custody forthwith upon posting or payment of bail.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
