HOUSE OF REPRESENTATIVES	H.B. NO.	2840
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RElating to bail.

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

     SECTION 1.  Chapter 804, Hawaii Revised Statutes, is amended by adding two new sections to read as follows:

     "§804-     Commission of a crime during period of release on bail, recognizance, or supervised release. (a)  Upon verified application by the prosecuting attorney alleging that a defendant has committed a crime under the laws of the federal government, the State, or any of its counties during the period of release on bail, recognizance, or supervised release the judicial officer named in section 804-5 shall issue a warrant directing the defendant be arrested and taken forthwith before the court of record for hearing. 

(b)  A law enforcement officer having reasonable grounds to believe that a released defendant has committed a crime under the laws of the federal government, the State, or any of its counties during the period of release on bail, recognizance, or supervised release, may, where it would be impracticable to secure a warrant, arrest the defendant and take the defendant forthwith before the court of record.

§804-    Sanctions for the commission of a crime during period of release on bail, recognizance, or supervised release.  After hearing and upon finding probable cause to believe that the defendant has committed a crime during the period of release on bail, recognizance, or supervised release, the court shall revoke the defendant's release on bail, recognizance, or supervised release."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Bail; Mandatory Revocation

Description:

Mandates automatic bail revocation for a defendant upon the court finding probable cause to believe that the defendant has committed a crime during the period of bail, recognizance, or supervised release.

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