STAND. COM. REP. NO.  847-10

Honolulu, Hawaii

                , 2010

RE:   S.B. No. 2534

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2534, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BAIL,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Require bond filing fees; and

     (2)  Require law enforcement agencies to accept cash, surety, and own recognizance bonds when the courts are closed to discharge a prisoner from custody or imprisonment.

     A concerned individual supported this bill.  The Department of Public Safety opposed this measure.  The Office of the Public Defender and the Professional Bail Agents of Hawaii submitted comments.

     Your Committee prefers the fees collected under this bill to be deposited directly into the general fund rather than any special fund despite the fact that the purpose of the fees is to offset the operating cost of this measure.  Also, the Finance Committee is respectfully requested to look into creating a proper fee structure.

     Your Committee has amended this bill by:

(1)  Having the fees deposited into the general fund;

(2)  Changing the effective date to December 21, 2058, to encourage further discussion; and

(3)  Making technical, nonsubstantive changes for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2534, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2534, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair