CONFERENCE COMMITTEE REP. NO. 84-18

Honolulu, Hawaii

, 2018

RE: S.B. No. 2174

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2174, S.D. 1, H.D. 1, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Authorize specified courts to issue material witness orders in cases initiated through felony complaint; and

(2) Include the family courts in the authorization to issue material witness orders.

Your Committee on Conference finds that a felony criminal case can be initiated through felony complaint, indictment, or information. In some cases, it is advantageous to the prosecution to initiate the case through felony information because a preliminary hearing will follow the complaint. A preliminary hearing allows the State to have sworn testimony from witnesses that may, in certain circumstances, be used at trial if a witness suddenly becomes unavailable prior to trial. Preliminary hearings also give defendants the opportunity to confront witnesses against them and defendants' attorneys the opportunity to cross-examine witnesses. Although courts are authorized to issue material witness orders in cases initiated through indictment or information, courts cannot issue material witness orders in cases initiated through felony complaint. Authorizing courts to issue material witness orders in cases initiated through felony complaint would allow the prosecution and defense in such cases to more effectively assist the court in reaching just and well-supported decisions.

Your Committee on Conference has amended this measure by changing the effective date to July 1, 2018.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2174, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2174, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOTT Y. NISHIMOTO Chair

____________________________ BRIAN T. TANIGUCHI Chair