Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 996 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the Constitution of the State of Hawaii to authorize the initiation of felony prosecutions by written information, in addition to the existing processes of grand jury indictments and preliminary hearings.

Testimony in support of this measure was submitted by the State Attorney General, Prosecuting Attorneys for the City and County of Honolulu and County of Maui, Honolulu Police Department, and Hawaii Visitor Industry Security Association. The Public Defender testified in opposition to this measure.

Section 10, article I, of the State Constitution requires that felony prosecutions be initiated by grand jury indictment or upon the filing of a complaint following a preliminary hearing. These procedures require the expenditure of substantial resources by the State and counties since hearsay testimony is not allowed and probable cause must be established through the testimony of witnesses. Additionally, in grand jury proceedings, jurors must be impaneled and compensated, and staff hired to assist the grand jury.

This measure proposes a constitutional amendment to allow an alternative method of initiating a felony prosecution. The direct filing method of initiating a prosecution, which is used in ten other states, involves the submission to the court of a document, also known as a written information, that is similar to a complaint and that is supported by affidavits and other documentary evidence. If a judge finds probable cause based upon the written information, a warrant is issued and the case proceeds to trial. A finding of probable cause may be challenged by the filing of a motion.

Your Committee finds that the use of this alternative method of prosecuting felonies will result in cost savings to the State and counties and allow for better use of law enforcement personnel and other resources. This measure does not eliminate safeguards for the accused because probable cause will still be required to support the issuance of a warrant, and a finding of probable cause will be subject to challenge in a hearing. Further, because prosecutions will be initiated in a more timely fashion, cases will proceed more quickly to trial.

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. 996 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.