Report Title:
Corrections; Inmate; Jurisdiction; Civil Action
Description:
Provides jurisdiction to the courts in the State of Hawaii for civil actions committed against a Hawaii inmate, even if that inmate is incarcerated in a mainland prison. (SD1)
|
THE SENATE |
S.B. NO. |
3263 |
|
TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CIVIL ACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 355D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§355D‑ Preservation of civil jurisdiction. A contract entered into by the director of public safety on behalf of the State of Hawaii implementing the participation of the State in the Western Interstate Corrections Compact, pursuant to article 3 thereof, shall extend the Hawaii courts' jurisdiction over the commission of a tortious act against an inmate, as defined in section 355D-1, article 2, by the contractor or the contractor's agents."
SECTION 2. Section 634-35, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, the person's personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of the acts:
(1) The transaction of any business within this State;
(2) The commission of a tortious act within this State;
(3) The ownership, use, or possession of any real estate situated in this State;
(4) Contracting to insure any person, property, or
risk located within this State at the time of contracting[.]; or
(5) The commission of a tortious act against an inmate, as defined in section 355D-1, article 2, under the control of the State of Hawaii who is transferred, pursuant to section 355D-2, to an institution, as defined in section 355D-1, article 2, located outside this State."
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 Statutory material to be repealed is bracketed and stricken.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.