HB741

SECTION 1. Section 621-7, Hawaii Revised Statutes, is amended to read as follows:

"§621-7 Fees; criminal cases. (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 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, 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.

(b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees.

(c) If a police officer is served a subpoena and compelled to be available for any length of time to attend and testify as a witness for the State, the officer shall be entitled to overtime compensation whenever the officer performs this function during off-duty periods. The compensation shall be provided for the undue hardships of remaining available and disruptions to the officer's personal life. The State shall reimburse the county for fifty per cent of overtime compensation paid pursuant to this subsection. Fixed trial dates shall be assigned whenever possible to prevent undue hardships from subpoenas."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for grants-in-aid to the several counties for payment of overtime compensation to police officers served a subpoena and compelled to be available for any length of time to attend and testify as a witness for the State during off-duty periods. The specific amounts appropriated for each county shall be as follows:

1. City and County of Honolulu $

2. County of Hawaii $

3. County of Kauia $

4. County of Maui $

The sums appropriated shall be expended by the counties for the purposes of this Act.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	741
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII