STAND. COM. REP. NO. 356

Honolulu, Hawaii

RE:    S.B. No. 490

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 490 entitled:

"A BILL FOR AN ACT RELATING TO MATERIAL WITNESS ORDERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow the circuit court or family court to issue a material witness order in cases initiated through felony complaint in addition to indictment or written information.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu.

     Your Committee finds that a material witness order is a court order that compels a person to appear as a material witness in a pending criminal action to which bail is affixed to secure that person's attendance in court.  Existing law relating to material witness orders applies to an indictment or written information filed in circuit court.  Although all felony cases may be issued via felony complaint or indictment, only certain felony cases may be initiated via written information.  Furthermore, felony complaints may be filed in family court depending on the court's original jurisdiction.  This measure ensures that the circuit and family courts have the tools necessary to order a material witness, when appropriate, regardless of whether the case is initiated through an indictment, written information, or felony complaint.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 490, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 490, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

GILBERT S.C. KEITH-AGARAN, Chair