STAND. COM. REP. NO. 2309

Honolulu, Hawaii

RE: S.B. No. 1160

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1160 entitled:

"A BILL FOR AN ACT RELATING TO EXPERT WITNESS FEES,"

begs leave to report as follows:

The purpose and intent of this measure is to establish applicable expert witness fees for testimony, preparation, per diem, and in-court attendance in state court criminal proceedings.

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

Your Committee finds that current law establishes budgetary procedures for the reimbursement of expert witness but does not clearly delineate what constitutes allowable expenses for these witnesses. Clearly the testimony of expert witnesses is an important resource for a variety of criminal court proceedings and are needed by the prosecution to establish its case. Expert witness testimony can also be crucial to a defense against criminal allegations if the defense relies on a careful and correct consideration of complex facts or specialized practices. Limiting access to expert witness testimony through arbitrarily truncating trial expenses impedes the ability of the court to give criminal court cases the full and just consideration that those cases deserve. Accordingly, there is a need to clarify applicable statutory provisions relating to expert witness fees and per diem payments. Your Committee notes that according to testimony received during the hearing, an appropriation is not required for enactment of this measure.

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. 1160 and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

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

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KARL RHOADS, Chair