STAND. COM. REP. NO. 2472

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2637
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2637 entitled: 

     "A BILL FOR AN ACT RELATING TO VICTIMS AND WITNESSES,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to allow victims and witnesses to testify before a grand jury by
closed circuit video or by video conferencing.

     Your Committee finds that video technology is currently
being used to arraign defendants in the First Circuit.  In
addition, video technology is being used for conferencing
purposes such as probation interviews with clients in custody.
Your Committee further finds that these uses have resulted in
time and cost savings.

     Although the Hawaii Supreme Court Standing Committee on
Hawaii Rules of Evidence ("Standing Committee") respectfully
requested that the issue of using video conferencing technology
at grand jury proceedings be referred to the Standing Committee
for study and comparative analysis, your Committee believes that
this is not an appropriate issue for further discussion as the
Hawaii Rules of Evidence do not apply to grand jury proceedings,
and this bill goes beyond the scope of the Standing Committee.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of
Honolulu, the Department of the Prosecuting Attorney of the

 
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County of Maui, the Sex Abuse Treatment Center, and the Hawaii
Visitor Industry Security Association.  The Judiciary and the
Office of the Public Defender submitted comments.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Creating a new section in chapter 801D, Hawaii Revised
          Statutes, providing for the use of video conferencing
          technology at grand jury proceedings; and 

     (2)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2637, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 2637, S.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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