Report Title:

Grand Jury Counsel

Description:

Shortens the period grand juries and grand jury counsel must serve from 1 year to 6 months.  Requires grand jury counsel to be present at grand jury proceedings.  Requires grand jury counsel to advise the grand jury whenever the counsel determines it to be appropriate. (SD1)

THE SENATE	S.B. NO.	1635
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GRAND JURIES.

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

     SECTION 1.  Section 612-16, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  [For the courts of the first circuit of the State from January 1, 1989, to December 31, 1991, and for the courts of all other circuits of the State from January 1, 1990, to December 31, 1992, a grand jury shall serve for a period of six months after being impaneled; provided that a grand jury may:

(1) Sit beyond such period to complete any matter in which the grand jury was impaneled;

(2) Be discharged sooner by the court; and

(3) Sit in all other cases until another grand jury is impaneled and sworn.] Effective January 2, 1992, for the courts of the first circuit of the State of Hawaii, and effective January 2, 1993, for the courts of all other circuits of the State subject to section 612-22, a grand jury shall serve for a period of one year after being impaneled, unless sooner discharged by the court.  Effective January 2, 2008, for the courts of all circuits of the State subject to section 612-22, a grand jury shall serve for a period of six months after being impaneled, unless sooner discharged by the court.

     Any vacancy occurring on a grand jury may be filled by the court by drawing at random from names on the certified list of grand jurors."

     SECTION 2.  Section 612-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Grand jury counsel shall serve for a term of [one year] six months following appointment."

     SECTION 2.  Section 612-57, Hawaii Revised Statutes, is amended to read as follows:

     "§612-57  Grand jury counsel; duties.  The grand jury counsel shall serve[, upon request of the grand jury,] as independent legal counsel to the grand jury[, to be at the call of the grand jury] during its proceedings [in obtaining appropriate advice] on matters of law after the grand jury has been sworn and charged by the court under section 612-16(d) and during the court's absence.  The grand jury counsel [may] shall be present during grand jury proceedings[, and if not present in the building shall be in the immediate vicinity to the building in which the grand jury meets, so that counsel will be readily available to the grand jury, but shall not participate in the questioning of the witnesses or the prosecution.  The grand jury counsel's function shall be only to receive inquiries on matters of law sought by the grand jury, conduct legal research, and provide appropriate answers of law.] to advise the grand jury whenever the grand jury counsel determines it to be appropriate."

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

     SECTION 5.  This Act shall take effect on July, 2059.