STAND. COM. REP. NO.1408
Honolulu, Hawaii
, 2001
RE: S.B. No. 1296
S.D. 2
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Finance, to which was referred S.B. No. 1296, S.D. 2, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO ATTORNEY'S FEES FOR APPOINTED COUNSEL,"
begs leave to report as follows:
The purpose of this bill is to amend Hawaii's law regarding the compensation of court-appointed counsel in state criminal cases by:
(1) Providing that expenses and fees shall be ordered by the court upon proof by exhibit, affidavit, testimony, or other credible evidence submitted by appointed counsel;
(2) Giving the court the discretion to consider the nature of the case and the quality of the counsel's representation in determining whether requested fees and costs were reasonaby incurred; and
(3) Specifying that compensation of appointed counsel be equivalent to the hourly rate of court-appointed counsel in the federal district court of Hawaii; provided that fees shall not exceed certain limits.
The Judiciary and the president of the Hawaii Association of Criminal Defense Lawyers submitted testimony in support of this bill. The Department of Budget and Finance submitted comments on this bill.
Your Committee has amended this bill by changing the effective date to July 1, 2010. Technical, nonsubstantive amendments were made for purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1296, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1296, S.D. 2, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
____________________________ DWIGHT Y. TAKAMINE, Chair |
||