Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 997, H.D. 1, entitled:

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to allow for Class C felonies to be prosecuted by information.

Your Committee on Conference 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.

Your Committee on Conference has amended this measure by deleting its contents and inserting a provision to require the Judicial Council to convene a task force to engage in a comprehensive review of criminal charging procedures. The task force would report its findings and recommendations to the 2003 Session.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 997, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 997, H.D. 1, C.D. 1.