Report Title:

Courts

Description:

Allows defendants traveling from the islands of Molokai and Lanai to attend legal proceedings in the second judicial circuit to be reimbursed for travel related expenses as well as be eligible for a per diem. (SD1)

THE SENATE

S.B. NO.

264

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Courts.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 621-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Whenever the presence of a defendant in a criminal case or in a proceeding under chapter 704 or a petitioner in a post conviction proceeding who is outside the judicial circuit or if within the second judicial circuit, but on Molokai or Lanai, is mandated by court order or bench warrant to appear, the cost of airfare, ground transportation, any per diem for both the defendant or petitioner and sufficient law enforcement officers to effect the defendant's or petitioner's return, shall be borne by the State. All such expenses shall be certified by the court or public prosecutor or the attorney general. Duly certified claims for payment shall be paid upon vouchers approved by the state director of finance and warrants drawn by the state comptroller. The court may order the nonindigent defendant or petitioner who was returned to the State of Hawaii to reimburse the State for the costs of such extradition or return as specifically described above."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.