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THE SENATE |
S.B. NO. |
2172 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EXPERT WITNESS FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 621-7, Hawaii Revised Statutes, is amended to read as follows:
"§621-7 Fees; criminal cases. (a) [Every]
Except as provided in subsection (c), every witness legally required to
attend a state court or grand jury in any criminal case, other than a public
officer or employee, shall be entitled to $20 for each day's attendance and a
reasonable mileage fee to be established pursuant to rules adopted by the
judiciary for each mile actually and necessarily traveled on the ground each
way, including travel to and from the nearest airport when required to travel
from another island or from outside the State.
In addition to witness' fees, every witness:
(1) Who attends a state court from outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or
(2) Who attends a
state court from any island in the State other than that on which the court
holds session shall be entitled to the actual round-trip cost of plane travel,
plus $55 per twenty-four-hour day; provided that when the
witness is required to stay overnight, the witness shall be entitled to an
additional $145 per twenty-four-hour day.
These per diem payments shall cover all personal expenses, such as board and lodging, and shall be computed on the basis of quarter day periods of time.
(b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees.
(c) Every expert witness legally required to
attend a state court or grand jury in any criminal case, other than a public
officer or employee, shall
be entitled to reasonable applicable fees
associated with the expert's testimony, consultation, and preparation associated
with the expert's testimony, and attendance in court. As used in this subsection, "expert
witness" includes any witness subpoenaed on behalf of the State in a
criminal case, or on behalf of a defendant at the expense of the State in a
criminal case, who is subpoenaed for the expert's specialized knowledge, skill,
experience, training, or education to assist a grand jury, trial jury, or judge
in their understanding of the evidence or to determine a fact at issue in the
case.
In addition, every expert witness:
(1) Who attends a
state court from outside the State shall be entitled to the actual round-trip
cost of plane travel, plus $200 per twenty-four-hour day; or
(2) Who attends a
state court from any island in the State other than that on which the court
holds session, shall be entitled to the actual round-trip cost of plane travel,
plus $55 per twenty-four-hour day; provided that when the witness is required
to stay overnight, the witness shall be entitled to an additional $145 per
twenty-four-hour day.
These per diem payments shall cover all personal expenses, such as board and lodging, and shall be computed on the basis of quarter day periods of time."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Honolulu Prosecuting Attorney Package; Witness Fees; Reimbursements; Per Diem Payments
Description:
Clarifies applicable expert witness fees for testimony, preparation, and in-court attendance in state court criminal proceedings. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.