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. 997 entitled:

begs leave to report as follows:

The purpose of this measure is to allow for felony prosecution via information in addition to the existing processes of grand jury indictments and preliminary hearings.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney, City and County of Honolulu and County of Maui, and the Police Department, City and County of Honolulu and County of Hawaii. Testimony in opposition to this measure was submitted by the Public Defender.

Your Committee finds that the current method of felony prosecutions through grand jury indictment or a preliminary hearing requires large amounts of resources by the prosecuting attorney and the judiciary. This measure creates an alternative method to initiate felony prosecutions, which is similar to those being used by over 27 states. This will allow information, similar to a complaint with documentary exhibits to support the charge, to be submitted to a judge for a determination of probable cause. This measure is contingent upon a constitutional amendment contained in another measure being adopted.

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