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HI HB175

Bill

Status

Introduced

1/18/2019

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Allows defendants in custody to petition the court for unsecured bail after an initial bail amount is set, if they demonstrate that securing a bail bond would cause significant financial hardship and that incarceration would jeopardize employment, education, dependent care, medical treatment, or housing.

  • Court may grant unsecured bail by releasing defendant on execution of an unsecured financial bond with no money deposit required, combined with cash or security for any remaining bail amount and other conditions to ensure court appearance.

  • Court must consider defendant's employment history, family relationships, residences, character, community ties, financial circumstances, criminal record, prior failures to appear, support from others, pretrial risk assessment results, the offense charged, potential sentence, and other relevant factors.

  • Unsecured bail provisions do not apply to cases involving assault, terroristic threatening, sexual assault, abuse of family or household members, restraining order violations, orders for protection violations, operating a vehicle under the influence, negligent homicide, or crimes of violence.

  • Effective date is July 1, 2050.

Legislative Description

Relating To Bail.

Office of Hawaiian Affairs

Last Action

Carried over to 2020 Regular Session.

12/1/2019

Committee Referrals

Finance2/15/2019
Judiciary2/8/2019
Public Safety, Veterans, & Military Affairs1/22/2019

Full Bill Text

No bill text available