Monthly Archives: February 2012

Honolulu Prosecutor Legislative Package First Lateral Deadline of Friday, February 17, 2012

First Decking Deadline is Friday, March 2, 2012 18 out of 19 Legislation is Alive

 1. Enhanced penalties for violation of TRO. a. HB238 HD2 SD 1 – House disagreed & must pass conference committee by final decking (non-fiscal bills) by 4/26/2012.

 2. Enhanced penalties for violation of an order for protection. a. HB239 HD1 – Must pass House JUD by First Decking on 3/2/2012. b. SB 1015 – Must pass Senate JDL by First Decking on 3/2/2012.

 3. DOH notification on status of offender to victim. a. SB82 SD1 – We inserted our language into Sen. Espero’s bill, and must pass Senate JDL by First Decking on 3/2/2012.

4. Increase per diem for neighbor island and out-of-state witnesses. a. HB245 HD1 SD1 – Senate WAM voting on 2/17/2012, thus positioned for conference committee or governor.

 5. Appropriations to Dept. of the Honolulu Prosecuting Attorney a. HB246 HD1 SD1 – Must pass Senate WAM by Second Decking on 4/5/2012. b. HB1779 HD1 – Must pass House FIN by First Decking on 3/2/2012.

 6. Mandatory minimum sentencing for certain offenses against persons 60 years of age or older. a. SB1023 – Must pass Senate JDL by First Decking on 3/2/2012.

 7. Person convicted of property theft over $100,000 may not be sentenced to probation. a. HB249 – Must pass House JUD by First Decking on 3/2/2012. b. SB1024 – Must pass Senate JDL by First Decking on 3/2/2012.

 8. Felonies chargeable by written information. a. HB1771 HD1 – Must pass Senate JDL by Second Decking on 4/5/2012. b. SB2058 SD1 – Must pass House JUD by Second Decking on 4/5/2012 (This bill crossed over 1st).

9. Violation of privacy (surveillance of another in stage of undress or sexual activity to be in 1st degree and all other surveillance to be in 2nd degree). a. HB1772 – Must pass House JUD by First Decking on 3/2/2012. b. SB2059 – Must pass Senate JDL by First Decking on 3/2/2012.

10. Accused to transport witness. a. HB1773 – Must pass House JUD by First Decking on 3/2/2012. b. SB2060 SD1 – Senate WAM voting on 2/17/2012, thus positioned to cross over to the House.

11. Excluding abuse of family or household members from Rule 48, HRPP. a. SB2061 SD1 – Must pass House JUD by Second Lateral on 3/23/2012.

12. Justifiable use of force on minors for discipline. a. SB2062 SD1 – Must pass House JUD by Second Decking on 4/5/2012.

13. Allows electronic communication service providers to voluntarily disclose electronic communications to governmental agency where an emergency involving danger of death or serious physical injury to any person requires such disclosure without delay. a. HB1776 HD1 – Crossing over to Senate and must pass Senate JDL by Second Decking on 4/5/2012.

14. Long-arm statute for production of records in other states. a. HB1777 HD1 – Must pass House FIN by First Decking on 3/2/2012. b. SB2064 – Must pass Senate JDL by First Decking on 3/2/2012.

15. Increases penalties for unauthorized access to computer 1st degree, 2nd degree, and 3rd degree. a. SB2066 – Must pass Senate JDL by First Decking on 3/2/2012.

16. Restitution for victims – Increase deductions from prisoners’ earnings; Withold from prisoners’ taxes; Removes court’s authority to revoke restitution once ordered. a. HB 2514 HD2 – Dept. of Public Safety is willing to work with us to insert our “restitution” language from our bill.

17. Appropriation to Judiciary for 2 judges for domestic violence cases. a. HB2351 HD1 – Stuck House JUD, which needed to be in House FIN by the First Lateral deadline of 2/17/2012. b. SB2949 – Senate JDL deferred the measure, however, Sen. Hee said he will put the appropration in the Judiciary budget bill, which is HB 1800.

18. Appropriation for Family Justice Center. a. HB2350 HD2 – Must pass House FIN by First Decking on 3/2/2012. b. SB2950 SD1 – Must pass Senate WAM by First Decking on 3/2/2012.

1 out of 19 Legislation is Dead (Unless we insert our language into another bill)

1. Involuntary Hospitalization for Sexually Violent Predators. a. HB247 HD1 – Deferred in House HLT, which needed to pass that committee by the First Lateral deadline of 2/17/2012 and be in House JUD. b. SB1022 – Deferred in Senate HTH, which needed to pass that committee by the First Lateral deadline of 2/17/2012 and be in Senate JDL.

On Friday, February 3, 2012 at 2:00 P.M., before the House Judiciary Committee, we (Department of the Prosecuting Attorney of the City and County of Honolulu) testified in support of our bills: House Bill 1777 that allows district court and circuit court judges to order the production of records by persons or entities located outside of the State of Hawaii, in all criminal cases. Requires that anyone in Hawaii served with criminal process from another state must comply with the criminal process; House Bill 1776 that allows electronic communication service providers to voluntarily disclose electronic communications to a governmental agency where an emergency involving danger of death or serious physical injury to any person requires such disclosure without delay; and House Bill 1778 that increases unauthorized computer access in the first degree to a class A felony, increases unauthorized computer access in the second degree to a class B felony, and increases unauthorized computer access in the third degree to a class C felony, and where unauthorized computer access in the first degree is charged based on the monetary value of information obtained, the minimum monetary value was raised to $20,000.

On Thursday, February 2, 2012 at 9:00 A.M. before the House Public Safety and Military Affairs Committee, Honolulu prosecuting Attorney Keith M. Kaneshiro testified in opposition of the Justice Reinvesment bills: House Bill 2514 and House Bill 2515 mainly because it would mandate early release of certain prisoners from prison to be on parole. We feel that the Hawaii Paroling Authority should have discretion to look at everything on a case by case basis in deciding who should be released from prison and when.  Moreover, the bills have no appropriation to pay for the increase of parole officers needed for the early release from prison proposal.

On Wednesday, February 1, 2012 at 10:30 A.M., Prosecuting Attorney of the City and County of Honolulu Keith M. Kaneshiro testified before the House Committee on Transportation supporting House Bill 2030, which requires motorists to “move over” or slow down when passing a stationary emergency vehicle on a highway.