THE SENATE	S.B. NO.	2060
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ACCUSED TO TRANSPORT WITNESS OR WITNESSES.

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

     SECTION 1.  Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§571- Accused to transport witness or witnesses. (a)  In any criminal matter triable in the family court, the court may require the accused to transport a witness or witnesses, including a complaining witness or witnesses, to any court proceeding, whenever the following conditions are met:

(1) The accused agrees to transport the witness or witnesses to court; and

(2) The prosecution has made a showing that each witness has information material to the determination of a fact at issue and is a minor, elderly person, or incapacitated person who:

(A) Is residing or believed to be residing at the same address or residential unit as the accused, and the prosecution's reasonable and diligent efforts to obtain the attendance of the witness or witnesses in court through service of process have been unsuccessful; or

(B) Is under the sole physical or legal custody of the accused.

(b)  As used in this section:

"Elderly person" means a person sixty years of age or over.

"Incapacitated person" means a person who is physically or mentally incapable of transporting himself or herself to court."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

Accused to Transport Witness or Witnesses; Prosecuting Attorney's Package

Description:

Allows family courts to require the accused to transport certain witnesses to any family court proceeding under certain conditions.  Effective 07/01/50.  (SD2)

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