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HI HB125

Bill

Status

Introduced

1/19/2023

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • 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.

  • 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.

  • Permits trial proceedings to continue without defendant present if defendant voluntarily absents after trial commences or engages in conduct justifying exclusion from courtroom.

  • 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).

  • 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

Committee Referrals

Judiciary & Hawaiian Affairs1/25/2023

Full Bill Text

No bill text available
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