Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 612 entitled:

begs leave to report as follows:

The purpose of this measure is to establish the petty misdemeanor offense of bail jumping in the third degree if an individual knowingly fails to appear for a court proceeding in connection with a petty misdemeanor after being directed by a law enforcement official. This measure also clarifies that the offense of bail jumping in the second degree can be treated as a petty misdemeanor at the court's discretion.

Testimony in support of the measure was submitted by the Judiciary and the Office of the Prosecuting Attorney for Maui. The Honolulu Police Department and the Office of the Public Defender testified in opposition to the measure.

Your Committee finds that under current Hawaii law, the offense of bail jumping only applies when an individual is released pursuant to a court order and fails to appear at a subsequent court hearing. This measure creates the new offense of bail jumping in the third degree which applies to an individual released and directed by a law enforcement official to appear at a subsequent court proceeding in connection with a petty misdemeanor, but the individual fails to do so. This measure also clarifies that the offense of bail jumping in the second degree includes a failure on the part of an individual to appear in court when directed by a designated law enforcement officer, instead of only by a judge.

Your Committee has amended this measure by clarifying that information relating to the time, date, and location of an individual's court appearance shall be provided to an individual by written notice. This written notice shall either be signed by the individual or noted on the same form by the law enforcement official if the individual refuses to sign. This signed or noted written notice form demonstrates that the individual was informed of the relevant details of his or her court appearance. Your Committee has also amended this measure by classifying bail jumping in the second degree as a petty misdemeanor.

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. 612, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 612, S.D. 1, and be placed on the calendar for Third Reading.