153
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO CONDUCT A
    FEASIBILITY STUDY OF DIRECT FILING OF CRIMINAL CHARGES.



 1        WHEREAS, the current system of charging criminal
 2   defendants in felony cases requires either preliminary hearings
 3   or grand jury proceedings to determine if there is a probable
 4   cause to believe that a defendant has committed an offense; and
 5   
 6        WHEREAS, the standard for probable cause is when a
 7   reasonable and prudent person viewing the evidence would have a
 8   strong suspicion that a crime has been committed; and
 9   
10        WHEREAS, several states, including Washington, Florida,
11   Arkansas, Indiana, Connecticut, and Rhode Island use a system
12   in which the prosecuting authority directly files criminal
13   charges with the court; and
14   
15        WHEREAS, in jurisdictions that permit direct filing of
16   criminal charges, a judge reviews affidavits sworn under oath
17   that set forth the circumstances of the alleged offense to
18   determine if probable cause exists and the defendant's ability
19   to challenge the existence of probable cause by moving for a
20   dismissal of the filing; and
21   
22        WHEREAS, use of direct filing of criminal charges would
23   abolish the need for grand jury proceedings or a preliminary
24   hearing; and
25   
26        WHEREAS, abolishment of grand jury proceedings would
27   eliminate the need for:
28             1)   empanelment of new grand juries every year;
29             2)   appointment of independent grand jury counsel;
30             3)   maintenance of a grand jury room and associated
31                  equipment and furnishings;
32             4)   transcripts of grand jury proceedings;
33             5)   judiciary staff currently assigned to grand jury
34                  functions;
35             6)   prosecutor's staff, such as deputy prosecutors,
36                  investigators, paralegals and clerks assigned to
37                  handle grand jury cases; and

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1             7)   witnesses, including police officers and
 2                  criminalists, who currently have to testify
 3                  before the grand jury;
 4   
 5        and
 6   
 7        WHEREAS, it appears abolishment of grand jury proceedings
 8   would result in cost savings in witness fees and mileage, grand
 9   juror fees, police overtime and equipment and furnishings; and
10   
11        WHEREAS, abolishment of grand jury proceedings would save
12   civilian witnesses such as doctors, merchants and private
13   citizens the time and expense of having to attend and testify;
14   and
15   
16        WHEREAS, judicial, prosecutorial and police staff
17   currently needed for grand jury functions, could be reassigned
18   to other duties; and
19   
20        WHEREAS, abolishment of preliminary hearings would
21   eliminate the need for:
22             1)   judges and judicial staff needed for preliminary
23                  hearing functions;
24             2)   deputy public defenders and staff, appointed
25                  defense counsel, and deputy prosecutors and
26                  staff assigned to handle preliminary hearing
27                  cases; and
28             3)   witnesses, including police officers and
29                  criminalists, who currently have to testify at
30                  preliminary hearings;
31   
32        and
33   
34        WHEREAS, it appears abolishment of preliminary hearings
35   would result in cost savings in witness fees and mileage,
36   appointed counsel fees and police overtime; and
37   
38        WHEREAS, judicial, prosecutorial, police, and public
39   defender staff currently needed for preliminary hearing
40   functions could be reassigned to other duties; and
41   
42        WHEREAS, a study of the feasibility of direct filing of
43   criminal charges, including the total potential cost savings as
44   well as non-monetary considerations, would be useful in
45   determining whether such a system should be instituted and
46   whether it would provide a more efficient use of judicial and
47   criminal justice resources; now, therefore,

 
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                                  S.C.R. NO.            S.D. 1
                                                        
                                                        

 
 1        BE IT RESOLVED by the Senate of the Twentieth Legislature
 2   of the State of Hawaii, Regular Session of 2000, the House of
 3   Representatives concurring, that the Legislative Reference
 4   Bureau is requested to conduct a study to determine the
 5   feasibility of direct filing of criminal charges, including
 6   what, if any, potential cost savings could be realized thereby;
 7   and
 8   
 9        BE IT FURTHER RESOLVED that the Legislative Reference
10   Bureau consult with the county prosecutors, the county police
11   departments, the Attorney General, the Office of the Public
12   Defender, the Judiciary, and any other association or groups,
13   including but not limited to the Retail Merchants Association,
14   the Hawaii Association of Financial Institutions Security
15   Officers, and the Hawaii Medical Association, regarding any
16   potential savings to these agencies, groups, or their members;
17   and
18   
19        BE IT FURTHER RESOLVED that the Legislative Reference
20   Bureau submit a report of its findings and recommendations to
21   the Legislature no later than twenty days prior to the
22   convening of the Regular Session of 2001; and
23   
24        BE IT FURTHER RESOLVED that certified copies of this
25   Concurrent Resolution be transmitted to the Acting Director of
26   the Legislative Reference Bureau, the prosecuting atttorney of
27   each county, the chief of each county police department, the
28   Attorney General, the Public Defender, the Chief Justice, the
29   Retail Merchants Association, the Hawaii Association of
30   Financial Institutions Security Officers, and the Hawaii
31   Medical Association.