STAND. COM. REP. NO. 487-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2412
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 2412 entitled: 

     "A BILL FOR AN ACT RELATING TO CONTEMPT,"

begs leave to report as follows:

     The purpose of this bill is to remove the problem raised by
the case of State v. Modica, 58 Haw. 249 (1977), with regards to
the misdemeanor offense and the petty misdemeanor offense of
Criminal Contempt of Court.

     The Department of the Attorney General and the Department of
the Prosecuting Attorney for the County of Maui testified in
favor of the measure.  The Office of the Public Defender
testified in opposition to the measure.

     Your Committe finds that limiting judicial discretion for
lowering a Contempt of Court charge from a misdemeanor to a petty
misdemeanor to situations where the offense was committed within
the immediate view or presence of the court, will resolve the
Modica problem.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 2412 and recommends that it pass Second
Reading and be placed on the calendar for Third Reading.


 
 
 
                                 STAND. COM. REP. NO. 487-00
                                 Page 2

 
                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair