Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2851, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to propose a constitutional amendment to Article 1, section 10 of the Hawaii State Constitution to allow a felony prosecution to be initiated through the filing of written information setting forth the charge that has been signed by a legal prosecuting officer.

The Department of the Attorney General, Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, County of Hawaii Police Department, Hawaii Law Enforcement Coalition, and Hawaii Reserves, Inc., testified in support of this bill. The Office of the Public Defender, Hawaii State AFL-CIO, American Civil Liberties Union, and a concerned individual opposed this measure.

Your Committee finds that this measure will allow an alternative method by which felony offenses may be charged.

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. 2851, S.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.