THE SENATE	S.B. NO.	2175
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to dismissal of criminal cases.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 806, Hawaii Revised Statutes, is amended by adding a new section to the part entitled "Dismissal", to be appropriately designated and to read as follows:

     "§806-     Dismissal by court; court congestion.  Except in the case of traffic offenses that are not punishable by imprisonment, the court shall, on motion of the defendant, dismiss the charge, with or without prejudice in its discretion, if trial is not commenced within six months, pursuant to rule 48(b), (c), and (d) of the Hawaii rules of penal procedure; provided that any periods that delay the commencement of trial and are caused by congestion of the trial docket shall be excluded in computing the time for trial commencement."

     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 upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Honolulu Prosecuting Attorney Package; Criminal Procedure; Dismissal; Court Congestion

 

Description:

Requires that trials for criminal cases commence within 6 months, except in cases where the delay is caused by court congestion.

 

 

 

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