STAND. COM. REP. NO. 848

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 Ways and Means, to which was referred S.B. No. 490, S.D. 1, 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 written comments in support of this measure from the Department of the Prosecuting Attorney of the 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.  Current law relating to material witness orders applies to an indictment or written information filed in circuit court.  This measure ensures that both circuit court and family court have the tools necessary to issue a material witness order, regardless of whether the case is initiated through an indictment, written information, or felony complaint.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 490, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

JILL N. TOKUDA, Chair