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HI SB1539

Bill

Status

Engrossed

3/5/2019

Primary Sponsor

Clarence Nishihara

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Adds a new section to Chapter 804 of Hawaii Revised Statutes establishing the right to a prompt bail hearing upon formal charge and detention when requested by either party.

  • Requires judges to consider four factors at bail hearings: whether the defendant poses a serious risk of flight, obstruction of justice, danger to persons or community, or engagement in criminal activity.

  • Guarantees defendants the right to counsel at bail hearings, with appointed counsel for those unable to afford representation.

  • Permits defendants to testify, present witnesses, cross-examine opposing witnesses, and present information by proffer, with evidence rules not applying to bail hearings.

  • Takes effect on March 15, 2094.

Legislative Description

Related To Bail Hearings.

Criminal Pretrial Practices

Last Action

Received notice of Senate conferees (Sen. Com. No. 954).

4/23/2019

Committee Referrals

Public Safety, Veterans, & Military Affairs4/22/2019
Finance3/22/2019
Judiciary3/7/2019
Judiciary2/15/2019
Public Safety, Intergovernmental and Military Affairs1/28/2019

Full Bill Text

No bill text available