Bill Text: HI SB2591 | 2020 | Regular Session | Introduced
Bill Title: Relating To Monetary Bail.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2020-01-31 - The committee on PSM deferred the measure. [SB2591 Detail]
Download: Hawaii-2020-SB2591-Introduced.html
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THE SENATE |
S.B. NO. |
2591 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to monetary bail.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that bail is the amount of money defendants must post to be released from custody until the resolution of their case. Bail is not intended to be a fine or any form of punishment. The purpose of bail is to ensure that defendants will appear for trial and all pretrial hearings for which they are required to be present, and money paid in bail is returned to defendants once their case is resolved.
The legislature further finds that monetary bail requirements contribute to overcrowding in jails. Defendants who cannot afford to post bail can be forced to remain in jail for extended periods of time even in cases of petty or minor nonviolent offenses.
The purpose of this Act is to prohibit courts from requiring monetary bail as a condition for release when a person is charged with a petty misdemeanor, a traffic violation, or an equivalent offense under county ordinance.
SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§804- Monetary
bail for certain offenses; prohibited. (a) The
court shall be prohibited from requiring monetary bail as a condition for release
when a person is charged with:
(1) A traffic offense,
a petty misdemeanor, or an equivalent offense under county ordinances; or
(2) An offense under
county ordinances for which there is no comparable offense under the Hawaii Revised
Statutes;
provided that if the offense is a traffic offense
that resulted in death or bodily injury, this prohibition shall not apply.
(b) Nothing in this section shall limit the issuance of a warrant by the court for a person who fails to appear in court as required or who violates a condition of release."
SECTION 3. Section 804-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) [Any] Except as provided by section
804- , any person charged with a criminal offense shall be
bailable by sufficient sureties; provided that bail may be denied where the
charge is for a serious crime, and:
(1) There is a serious risk that the person will flee;
(2) There is a serious risk that the person will obstruct or attempt to obstruct justice, or therefore, injure, or intimidate, or attempt to thereafter, injure, or intimidate, a prospective witness or juror;
(3) There is a serious risk that the person poses a danger to any person or the community; or
(4) There is a serious risk that the person will engage in illegal activity."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Monetary Bail; Prohibition; Petty Misdemeanors; Traffic Offenses
Description:
Prohibits courts from requiring a monetary bail as a condition for release when a person is charged with a petty misdemeanor, a traffic violation, or an equivalent offense under county ordinance, except under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
