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                                                        2591
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL PROCESS SERVICE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 26-14.6, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  The department of public safety shall be responsible
 
 4 for the formulation and implementation of state policies and
 
 5 objectives for correctional, security, law enforcement, and
 
 6 public safety programs and functions, for the administration and
 
 7 maintenance of all public or private correctional facilities and
 
 8 services, for the service of process in criminal cases, and for
 
 9 the security of state buildings."
 
10      SECTION 2.  Section 353C-2, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§353C-2  Director of public safety; powers and duties.  The
 
13 director of public safety shall administer the public safety
 
14 programs of the department of public safety and shall be
 
15 responsible for the formulation and implementation of state goals
 
16 and objectives for correctional and law enforcement programs,
 
17 including ensuring that correctional facilities and correctional
 
18 services meet the present and future needs of persons committed
 
19 to the correctional facilities.  In the administration of these
 

 
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 1 programs, the director may:
 
 2      (1)  Preserve the public peace, prevent crime, detect and
 
 3           arrest offenders against the law, protect the rights of
 
 4           persons and property, and enforce and prevent violation
 
 5           of all laws and administrative rules of the State as
 
 6           the director deems to be necessary or desirable or upon
 
 7           request, to assist other state officers or agencies
 
 8           that have primary administrative responsibility over
 
 9           specific subject matters or programs;
 
10      (2)  Train, equip, maintain, and supervise the force of
 
11           public safety officers, including law enforcement and
 
12           correctional personnel, and other employees of the
 
13           department;
 
14      (3)  Serve process [both] in [civil and] criminal
 
15           proceedings;
 
16      (4)  Perform other duties as may be required by law;
 
17      (5)  Adopt, pursuant to chapter 91, rules that are necessary
 
18           or desirable for the administration of public safety
 
19           programs; and
 
20      (6)  Enter into contracts in behalf of the department and
 
21           take all actions deemed necessary and appropriate for
 
22           the proper and efficient administration of the
 
23           department."
 

 
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 1      SECTION 3. Section 634-21, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§634-21  Service of process by whom.  Except as otherwise
 
 4 provided, service of all process and orders shall be made by [the
 
 5 sheriff or the sheriff's deputy,] the chief of police of the
 
 6 county in which the service is made or the chief's duly
 
 7 authorized subordinate, some other person specially appointed by
 
 8 the court for the purpose, any investigator appointed and
 
 9 commissioned by the director of commerce and consumer affairs
 
10 pursuant to section 26-9(j), or a person authorized by the rules
 
11 of court."
 
12      SECTION 4.  Section 634-22, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "§634-22  Return.  In all cases where any process or order
 
15 of a court is served by any officer of the court or of the police
 
16 force [or the sheriff or the sheriff's deputies] or any
 
17 investigator appointed and commissioned by the director of
 
18 commerce and consumer affairs pursuant to section 26-9(j), a
 
19 record thereof shall be endorsed upon the back of the process,
 
20 complaint, order, or citation.  The record shall state the name
 
21 of the person served and the time and place of service and shall
 
22 be signed by the officer making the service.  If the officer
 
23 fails to make service the officer, in like manner, shall endorse
 

 
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 1 the reason for the officer's failure and sign this record.  When
 
 2 service is made by a person specially appointed by the court, or
 
 3 a person authorized by rules of court, the person shall make
 
 4 affidavit of that service.
 
 5      The record or the affidavit shall be prima facie evidence of
 
 6 all it contains, and no further proof thereof shall be required
 
 7 unless either party desires to examine the officer or person
 
 8 making service, in which case the officer or person shall be
 
 9 notified to appear for examination."
 
10      SECTION 5.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:  _______________________
 

 
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