Increases the per diem amount for an out-of-state witness; provides for an additional amount of per diem for a witness traveling to an island where a court is not normally situated if the witness is required to stay overnight.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the per diem amount for out-of-state witnesses has remained static for a number of years. This amount is no longer sufficient to pay the personal expenses of out-of-state witnesses, such as lodging and food. Often these individuals are forced to take money out of their own pockets to cover necessary personal expenses when subpoenaed to return to the State as a witness in a state court proceeding. Because the per diem amount has not been adjusted to keep pace with the cost of living in Hawaii, it has emerged as an economic "barrier" that either discourages or prevents an out-of-state witness from pressing charges against their attackers, based solely on economic considerations.

Further, the legislature also finds that the per diem amount for witnesses that are required to travel to an island is also not sufficient to cover the personal expenses of the witness when that witness is required to stay overnight.

The purpose of this Act is to increase the amount of per diem for out-of-state witnesses as well as make available additional amounts of per diem for a witness who travels to another island where a court is normally not situated if that witness is required to stay overnight.

SECTION 2. Section 621-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $20 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State. In addition to witness' fees, every witness, who attends a state court from outside the State shall be entitled to the actual round-trip cost of plane travel, plus [$110] $130 per twenty-four-hour day, or if from any island other than that on which the court holds session, shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day[,]; provided that when the witness is required to stay overnight, the witness shall be entitled to $130 per twenty-four hour day, which amounts shall cover all personal expenses, such as board and lodging. These per diem payments shall be computed on the basis of quarter day periods of time."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.