STAND. COM. REP. NO. 2230

Honolulu, Hawaii

RE: S.B. No. 2551

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Transportation and Energy, to which was referred S.B. No. 2551 entitled:

"A BILL FOR AN ACT RELATED TO RESISTING AN ORDER TO STOP A MOTOR VEHICLE,"

begs leave to report as follows:

The purpose and intent of this measure is to remove resisting an order to stop a motor vehicle in the first degree from the list of exempted offenses for which criminal charges may be brought by written information.

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

Your Committee finds that this measure would provide the opportunity to provide facts establishing probable cause by way of declaration, instead of requiring law enforcement officers to appear in court to testify at preliminary hearings or before a grand jury. This will provide for a quicker charging process and eliminate the need for a preliminary hearing, freeing up court and law enforcement resources. Your Committee notes that all the offenses of resisting an order to stop a motor vehicle in the first degree on Maui last year had a companion charge that would not have needed a court appearance, and it was only because of the resisting an order offense that a preliminary hearing or grand jury was required.

As affirmed by the record of votes of the members of your Committee on Transportation and Energy that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2551 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation and Energy,

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LORRAINE R. INOUYE, Chair