HI SB36

Amends Hawaii Revised Statutes Section 801-1 to clarify that felony prosecutions may be initiated through three methods: complaint with a finding of probable cause after preliminary hearing, grand jury indictment, or written information under Chapter 806 if eligible.

Prohibits prosecutors from presenting the same evidence for the same felony offense to multiple grand juries, judges, or using different charging methods after an initial denial, with limited exceptions.

Permits re-prosecution only if: additional material evidence is presented, grand jury misconduct is found, or a court finds good cause upon prosecutor application (with restriction that prosecutors cannot seek good cause twice for the same offense).

Responds to the Hawaii Supreme Court's State v. Obrero decision (September 8, 2022) which invalidated the longstanding practice of initiating felony prosecutions by complaint after preliminary hearing, by conforming state law to Article I, Section 10 of the Hawaii State Constitution.

Takes effect upon approval.