STAND. COM. REP. NO.  404

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 1059

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Veterans, Military, & International Affairs, & Culture and the Arts, to which was referred H.B. No. 1059 entitled:

"A BILL FOR AN ACT RELATING TO COURT ADVISEMENT CONCERNING ALIEN STATUS,"

begs leave to report as follows:

The purpose of this measure is to protect the rights of non-citizens and allow a non-citizen defendant the opportunity to make a knowing, voluntary and intelligent plea of guilty or no contest.  Specifically, this measure requires the court to advise criminal defendants of the effects of a guilty or no contest plea on their alien status in the United States.

The Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Kauai, and Office of the Prosecuting Attorney of the County of Hawaii testified in support of this bill.  The Department of the Attorney General testified in support of the intent of this measure.

     Your Committee has amended this bill by:

     (1)  Specifying that the advisement of the effects of a guilty or no contest plea on a defendant's alien status in the United States be given prior to the defendant's entry of a guilty or no contest plea rather than prior to acceptance of the plea by the court; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Veterans, Military, & International Affairs, & Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1059, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1059, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Veterans, Military, & International Affairs, & Culture and the Arts,

____________________________

K. MARK TAKAI, Chair