STAND. COM. REP. NO. 2111

Honolulu, Hawaii

RE: S.B. No. 2174

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2174 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 authorize the circuit court or family court to issue a material witness order in cases initiated through felony complaint, indictment, or information.

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

Your Committee 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 has amended this measure by 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 that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2174, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2174, S.D. 1, and be placed on the calendar for Third Reading.

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

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BRIAN T. TANIGUCHI, Chair