Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 617 entitled:

begs leave to report as follows:

The purpose of this measure is to convene the Judicial Council of Hawaii for the purpose of reviewing and recommending "best practices" in criminal charging procedures.

Your Committee received testimony in support of this measure from the Office of the Public Defender. The Department of the Prosecuting Attorney and the Judiciary opposed the bill.

Your Committee finds that in the last election, the people of Hawaii approved a constitutional amendment allowing for information charging. A case challenging the vote process on the constitutional question is pending before the Hawaii Supreme Court.

Your Committee believes it is prudent at this time to review and evaluate criminal charging procedures that would best serve Hawaii's needs including, but not limited to, cost effectiveness, time efficiencies, and preservation of defendants' constitutional rights.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 617 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.