STAND. COM. REP. NO. 1349

Honolulu, Hawaii

RE: H.B. No. 998

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 998 entitled:

"A BILL FOR AN ACT RELATING TO CONTENTS OF CITATIONS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that the omission of certain information or any error in a citation does not constitute a ground for dismissal of a charge or for reversal of a conviction, if the omission or error did not prejudice the defendant.

Your Committee received testimony in support of this measure from the Department of the Attorney General, Department of Law Enforcement, and State of Hawaii Organization of Police Officers.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that currently, minor technical errors or omissions in citations can potentially result in the dismissal of charges. Despite these errors not substantively affecting a defendant's ability to understand the charges or mount a defense, they allow individuals to avoid accountability based on clerical mistakes, rather than the merits of the case. This measure will maintain the integrity of due process protection while ensuring that cases are decided on their merits, rather than be dismissed due to minor procedural technicalities.

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 H.B. No. 998, and recommends that it pass Second Reading 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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KARL RHOADS, Chair