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HI HB125
Bill
Status
1/19/2023
Primary Sponsor
Scott Saiki
Click for details
AI Summary
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Adds new section to Chapter 801, Hawaii Revised Statutes establishing requirements for defendant presence at criminal proceedings including arraignments, plea entries, pretrial evidentiary hearings, trial stages, and sentencing.
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Allows defendants to waive right to be present in specified circumstances: corporate defendants appearing by counsel, legal conferences, sentence reduction proceedings, written or oral consent to absence, or voluntary absence from two consecutive court appearances with proper notice.
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Permits trial proceedings to continue without defendant present if defendant voluntarily absents after trial commences or engages in conduct justifying exclusion from courtroom.
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Authorizes courts to conduct proceedings by video conference without defendant consent for not guilty plea arraignments, and with oral or written consent for guilty/no contest plea arraignments, pretrial/post-conviction proceedings, and sentencing hearings (with prosecution consent required for sentencing).
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Takes effect upon approval and does not affect rights, penalties, or proceedings that began before the Act's effective date.
Legislative Description
Relating To Criminal Procedure.
Honolulu Prosecuting Attorney Package
Last Action
The committee(s) on JHA recommend(s) that the measure be deferred.
2/28/2023