THE SENATE

THE TWENTY-FIRST LEGISLATURE

REGULAR SESSION OF 2001

COMMITTEE ON JUDICIARY

Senator Brian Kanno, Chair

Senator David Matsuura, Vice Chair

NOTICE OF HEARING

DATE:

Monday, February 26, 2001

TIME:

9:00 a.m.

PLACE:

Conference Room 229

State Capitol

415 South Beretania Street

A G E N D A

SB 597

RELATING TO THE STATE COUNCIL ON DEVELOPMENTAL DISABILITIES.

Makes various amendments and name changes to the State's developmental disabilities law. (MATSUURA)

JDC

SB 996

PROPOSING AMENDMENTS TO ARTICLE I, SECTION 10, OF THE HAWAII CONSTITUTION.

Allows for felony prosecution via information in addition to grand jury indictments and preliminary hearings. Proposes to amend section 10 of article 10 of the Hawaii Constitution. (BUNDA (BR))

JDC

SB 997

RELATING TO CRIMINAL OFFENSES.

Sets forth a procedure for the prosecution of felonies via information in addition to grand jury indictments and preliminary heartings. (BUNDA (BR))

JDC

SB 1477

RELATING TO THE HAWAII RULES OF EVIDENCE.

Allows apologies to be made in court proceedings without subsequent use as an admission of liability. (MATSUNAGA)

JDC

SB 999

RELATING TO THE UNAUTHORIZED PRACTICE OF LAW.

Clarifies the existing unauthorized practice of law statute, and increases criminal penalties for individuals who engage in the unauthorized practice of law. (BUNDA (BR))

JDC

SB 1001

RELATING TO SERVICE OF PROCESS BY MAIL.

Provides for deemed service by registered mail where a defendant contrives to defeat service by refusing to sign the return receipt or by having another person sign on his or her behalf. (BUNDA (BR))

JDC

SB 1007

RELATING TO NONCONSENSUAL COMMON LAW LIENS.

Requires for nonconsensual common law liens that a claim of lien against a private party filed with land court and the bureau of conveyances must be accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of the lien to be valid.

JDC

SB 1008

A BILL FOR AN ACT RELATING TO THE PREVENTION OF THE FILING OF FRIVOLOUS FINANCING STATEMENTS.

Prevents the filing of frivolous financing statements with the bureau of conveyances by assuring that the filing of the financing statements are authorized by the debtors. (BUNDA (BR))

JDC

SB 1555

RELATING TO ACT 316, SESSION LAWS OF HAWAII 1993, AS AMENDED BY ACT 157, SESSION LAWS OF HAWAII 1995.

Prevents inadvertent repeal of probation laws by adding reenactment language to laws that were amended by laws establishing the expedited sentencing program, and scheduled to "drop dead". (BUNDA)

JDC

SB 1571

RELATING TO THE UNIFORM ARBITRATION ACT.

Enacts the uniform arbitration act and repeals the existing law relating to arbitration and awards. Specifies the manner in which arbitration proceedings are to be conducted, requirements for hearings, and remedies. (KANNO)

JDC

SB 1457

RELATING TO ORIGINAL JURISDICTION OF THE HAWAII SUPREME COURT.

Transfers from the supreme court to the circuit court original jurisdiction over contested issues relating to elections, the state budget, the procurement code, the Hawaii tourism authority, and the Hawaii community development authority. (BUNDA (BR))

JDC

SB 1452

RELATING TO LAND COURT.

Makes general housekeeping amendments to the land court law. (BUNDA (BR))

JDC

SB 1229

RELATING TO THE PENAL CODE.

Provides stiffer mandatory penalties for motor vehicle-related theft. (SAKAMOTO)

JDC

SB 1456

RELATING TO THE PENAL CODE.

Authorizes the probation or peace officer to admit a defendant to bail under certain circumstances. (BUNDA (BR))

JDC

SB 1512

RELATING TO THE PENAL CODE.

Replaces the term "law enforcement officer" for "peace officer". (BUNDA (BR))

JDC

SB 683

RELATING TO PUBLIC SAFETY.

Requires deputy sheriffs to wear identification badges and carry wallet identification cards. (TAM, KANNO, Slom, Ihara)

JDC

SB 1185

RELATING TO PAROLE.

Excludes Hawaii Paroling Authority's decisions from appeal, and allows a prisoner's minimum term to be equal to or less than the maximum term of imprisonment. (BUNDA (BR))

JDC

SB 1367

RELATING TO DRUG OFFENSES.

Changes from one to two years the mandatory minimum term of imprisonment. (KANNO)

JDC

SB 1454

RELATING TO GARNISHMENT.

Repeals allowances to garnishees for fees and costs in garnishment cases. (BUNDA (BR))

JDC

SB 725

RELATING TO CHILD CUSTODY.

Enacts a new uniform child custody jurisdiction and enforcement act; repeals chapter 583, HRS. (KANNO, MATSUURA)

JDC

SB 951

RELATING TO HATE CRIMES.

Qualifies for extended term sentencing criminal offenders who select their victims because of hostility to their race, color, religion, ancestry, national origin, gender, transgender, sexual orientation, age or disability; provides a reporting mechanism to compile, track, and analyze hate crimes data. (MATSUNAGA, CHUMBLEY)

JDC

SB 1499

RELATING TO MARITAL DISSOLUTION.

Eliminates the waiting period for new residents to file for divorce, annulment or legal separation. (TAM (BR))

JDC

SB 1529

RELATING TO DEPENDENT ADULTS.

Amends the dependent adult protective services law to require any family or household member who knows or has reason to know that an adult who is unable to obtain medical care is in need of such care, and is at imminent risk of death or serious bodily injury, to report the matter to DHS or county police department.

(BUNDA (BR))

HHS, JDC

SB 1508

RELATING TO OFFENSES AGAINST THE PERSON.

Amends definition of "substantial bodily injury". (BUNDA (BR))

JDC

SB 1614

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

Creates the offense of abuse of position of trust or use of special skill. (BUNDA (BR))

JDC

SB 1509

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

Establishes the "legal owner" as the owner of a vehicle that has no registered owner under section 708-836 relating to unauthorized control of a propelled vehicle. Also includes photocopies and printed register receipts as prima facie evidence to establish value and ownership in theft cases. (BUNDA (BR))

JDC

SB 1607

RELATING TO BURGLARY IN THE FIRST DEGREE.

Increases burglary in the first degree to a class A felony when a resident is in the home. (BUNDA (BR))

JDC

SB 1609

RELATING TO POSSESSION OF STOLEN PROPERTY.

Possession of property reported stolen by two or more victims shall be prima facie evidence of stolen property. (BUNDA (BR))

JDC

SB 1513

RELATING TO BURGLARY.

Defines "dangerous instrument" in commission of burglary. For purposes of burglary laws, allows persons to remain lawfully in buildings. (BUNDA (BR))

JDC

SB 1466

RELATING TO THEFT.

Includes knowledge and reckless disregard as elements in the offenses of theft with regard to the value of the property or services taken. (BUNDA (BR))

JDC

 

DECISION MAKING TO FOLLOW, IF TIME PERMITS.

Persons wishing to testify should submit 35 copies of their testimony to the committee clerk, Room 202, State Capitol 24 hours prior to the hearing. Testimony may also be faxed if less than 5 pages in length, to the Senate Sergeant-At-Arms Office at 586-6659 or 1-800-586-6659 (toll free for neighbor islands), at least 24 hours prior to the hearing. When faxing, please indicate to whom the testimony is being submitted, the date and time of the hearing, and the required number of copies needed for submittal.

If you require special assistance or auxiliary aids or services to participate in the public hearing process (i.e., sign language interpreter, wheelchair accessibility, or parking designated for the disabled) please contact the committee clerk 24 hours prior to the hearing so arrangements can be made.

Public Folder. A folder labeled "Public Folder" containing the measures and testimonies for the hearing will be available for shared use by members of the public.

FOR FURTHER INFORMATION, PLEASE CALL THE COMMITTEE CLERK AT 586-6830.

 

________________________________________

Senator Brian Kanno

Chair