HOUSE OF REPRESENTATIVES

THE TWENTY-SIXTH LEGISLATURE

REGULAR SESSION OF 2011

 

COMMITTEE ON JUDICIARY

Rep. Gilbert S.C. Keith-Agaran, Chair

Rep. Karl Rhoads, Vice Chair

 

Rep. Tom Brower

Rep. Hermina M. Morita

Rep. Rida T.R.  Cabanilla

Rep. Blake K. Oshiro

Rep. Mele Carroll

Rep. Joseph M. Souki

Rep. Robert N. Herkes

Rep. Clift Tsuji

Rep. Ken Ito

Rep. George R. Fontaine

Rep. Sylvia Luke

Rep. Barbara C. Marumoto

Rep. Angus L.K. McKelvey

Rep. Cynthia Thielen

 

NOTICE OF HEARING

 

DATE:

Thursday, February 03, 2011

TIME:

2:00 PM

PLACE:

Conference Room 325

State Capitol

415 South Beretania Street

 

A G E N D A

 

HB 64

Status

RELATING TO BURGLARY.

Requires strict liability for burglary of a dwelling if the resident or resident's guest is present during the burglary.  Mandates a sentence of 10 years imprisonment upon conviction.

 

JUD

HB 108

Status

RELATING TO CRUELTY TO ANIMALS.

Establishes the offense of cruelty to animals by fighting dogs in the second degree.  Increases penalty for cruelty to animals by fighting dogs in the first degree.  Clarifies dog fighting and animal cruelty laws.

 

JUD

HB 243

Status

RELATING TO ANIMAL CRUELTY.

Provides that killing, or attempting to kill, the animal of another person without that persons consent constitutes animal cruelty in the first degree.  Adds exemptions for animal cruelty in the first degree.

 

JUD

HB 132

Status

RELATING TO THE COLLECTION OF DNA SAMPLES FROM ARRESTEES OF SEXUAL OFFENSES AGAINST MINORS.

Mandates the collection of DNA samples from arrestee for sex offenses against minors.  Effective July, 1, 2012.

 

JUD, FIN

HB 245

Status

RELATING TO WITNESSES.

Increases the per diem payments for out-of-state witnesses in criminal cases from $110 to $145.  Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

 

JUD, FIN

HB 256

Status

RELATING TO THE PENAL CODE.

Expands the scope of the offenses of terroristic threatening in the first degree and robbery in the first degree to include the use of replica firearms.

 

JUD

HB 555

Status

RELATING TO GRAFFITI.

Limits the imposition of the penalty of removal of graffiti to cases where the removal would not endanger people or inconvenience the public.  Increases the area within which a graffiti removal penalty may be selected, from one hundred     to          yards from the offense site.

 

JUD

HB 820

Status

RELATING TO BILL OF RIGHTS FOR VICTIMS.

Amends chapter 801D, providing for additional rights to crime victims, surviving immediate family members, and witnesses.

 

JUD, FIN

HB 1069

Status

RELATING TO EFFECT OF FINDING OF UNFITNESS TO PROCEED.

Establishes specific time frames for a commitment or release on conditions when unfit defendants are charged with petty misdemeanors (60 days), and non-violent misdemeanors (120 days).

 

JUD, FIN

HB 1070

Status

RELATING TO CONDITIONAL RELEASE TIMEFRAMES.

Specifies that any person released on condition pursuant to section 704-411, Hawaii Revised Statutes and who was charged with a petty misdemeanor, misdemeanor, or violation, spend no more than one year on conditional release and requires that multiple conditional releases run concurrently.

 

JUD, FIN

HB 1071

Status

RELATING TO MENTAL HEALTH RELEASE ON CONDITIONS OF A PERSON FOUND UNFIT TO STAND TRIAL.

Requires the Department of Health to provide a fitness restoration program for defendants unfit to proceed with court proceedings and on conditional release.  Allows Department of Public Safety to take appropriate action on information shared regarding defendant compliance.

 

JUD, FIN

 

DECISION MAKING TO FOLLOW

 

Persons wishing to offer comments should submit testimony at least 24 hours prior to the hearing with a transmittal cover indicating:

·     Testifier's name with position/title and organization;

·     The Committee the comments are directed to;

·     The date and time of the hearing;

·     Measure number; and

·     The number of copies the Committee is requesting. 

 

While every effort will be made to copy, organize, and collate all testimony received, materials received on the day of the hearing or improperly identified or directed to the incorrect office, may be distributed to the Committee after the hearing.

 

Submit testimony in ONE of the following ways:

PAPER:  2 (two) copies (including an original) to Room 302 in the State Capitol;

FAX:       For comments less than 5 pages in length, transmit to 586-6211(for Oahu) or 1-800-535-3859 (for Neighbor Islanders without a computer to submit testimony through e-mail or the Web);

EMAIL:  For comments less than 5 pages in length, transmit to JUdtestimony@capitol.hawaii.gov ; or

WEB:      For comments less than 4MB in size, transmit from the Web page at http://www.capitol.hawaii.gov/emailtestimony.

 

Testimony submitted will be placed on the Legislative Web site after the hearing adjourns.  This public posting of testimony on the Web site should be considered when including personal information in your testimony.

 

If you require special assistance or auxiliary aids and/or services to participate in the House public hearing process (i.e., sign or foreign language interpreter or wheelchair accessibility), please contact the Committee Clerk at 586-6210 or email your request for an interpreter to HouseInterpreter@Capitol.hawaii.gov at least 24 hours prior to the hearing for arrangements.  Prompt requests submitted help to ensure the availability of qualified individuals and appropriate accommodations.

 

Selected meetings are broadcast live.  Check the current legislative broadcast schedule on the "Capitol TV" Web site at www.capitoltv.org OR call 536-2100.

 

 

 

 

 

________________________________________

Rep. Gilbert Keith-Agaran

Chair