Monthly Archives: July 2012

The 2011-2012 Legislature was great to work with. Below are the bills we proposed for the 2012 Legislative Session.

2012 Honolulu Prosecuting Attorney Legislative Package

1.  Enhanced penalties for defendant who violates a temporary restraining order and has a prior conviction of a violent crime. (Became law as Act 206 in 2012).

2.  Enhanced penalties for defendant who violates an order for protection and has a prior conviction of a violent crime.

3.  Department of Health to give notification to the victim on the status of offender.

4.  Increase per diem for neighbor island and out-of-state witnesses coming to Oahu.

5.  Appropriations to Department of the Honolulu Prosecuting Attorney for State-mandated programs: Career Criminal Prosecution Unit, prosecution in Drug Court, Hawaii’s Opportunity Probation with Enforcement Program, and Victim Witness Assistance Program. (Became law as Act 322 in 2012).

6.  Mandatory minimum sentencing for certain offenses against persons 60 years of age or older.

7.  Person convicted of property theft over $100,000 may not be sentenced to probation.

8.  Add felonies for which criminal charges may be instituted by written information including habitual property crime, unauthorized entry in a dwelling in the first or second degree, and theft of copper.

9.  Correct violation of privacy laws (surveillance of another in stage of undress or sexual activity to be in 1^st degree and all other surveillance to be in 2^nd degree). (Became law as Act 59 in 2012).

10. Accused to transport witness because he or she has sole custody of the witness.

11. Excluding abuse of family or household members from Rule 48 of the Hawaii Rules of Penal Procedure where cases are dismissed either without prejudice or with prejudice if they are not set for trial within 6 months.

12. Within the defense law of justifiable use of force on minors for discipline, our bill makes it clear that certain acts are an unjustifiable use of force.

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. (Became law as Act 94 in 2012).

14. Long-arm statute for production of records in other states. (Became law as Act 325 in 2012).

15. Increases penalties for unauthorized access to computer 1^st degree, 2^nd degree, and 3^rd degree. (Became law as Act 293 in 2012).

16. Restitution for victims – Increase deductions from prisoners’ earnings; Withhold from prisoners’ taxes; Removes court’s authority to revoke restitution once ordered.

17. Appropriation to Judiciary for 2 judges for domestic violence cases since there is a backlog of cases.

18. Appropriation for Family JusticeCenter.

19.  Involuntary Hospitalization for Sexually Violent Predators.

The 2011-2012 Legislature was great to work with. Below are the bills we proposed for the 2011 Legislative Session. Some bills were changed a little by the Legislature.

2011 Prosecuting Attorney Legislative Package

1. TRO Violation – Enhanced penalties for defendant who violates a TRO and have a prior conviction of a violent crime. (Became law as Act 206 in 2012).
2. Order for Protection Violation – Enhanced penalties for defendants who violate an order for protection and have prior conviction of a violent crime.
3. Promoting Prostitution – Include as a high priority in witness protection program. (Became law as Act 145 in 2011).
4. Promoting Prostitution – Increase penalties. (Became law as Act 145 in 2011).
5. Prostitution – Increase penalty for “Johns” offenders for Habitual Solicitation of prostitution where it is a 3rd conviction for the defendant within 5 years. Keeps prostitute offenders penalty the same as a pettty misdemeanor. (Became law as Act 145 in 2011).
6. Animal Cruelty: Amends section 711-1108.5, HRS, cruelty to animals in the first degree, by adding “kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of that person.” Exempts societies that protect animals and government from the statute. (Became law as Act 135 in 2011).
7. Victim notification of defendant’s status at State health facilities.
8. Increase Per Diem for Witnesses who travel from another island or State to Oahu for court.
9. Grant-In-Aid appropriation for department of the prosecuting attorney for 5 prosecuting attorney positions for career criminal prosecution, 1 deputy prosecuting attorney position for drug court prosecution,  1 deputy prosecuting attorney for Hawaii’s Opportunity Probation with Enforcement (HOPE), and victim witness assistance program. (Became law as Act 322 in 2012).
10. Civil Commitment for Violent Sexual Predators: Defines “sexually violent predator.” Prosecuting attorney of the appropriate county can initiate the proceeding for involuntary hospitalization. Requires one licensed psychiatrist or psychologist to be an expert on sexually violent predators.
11. Crimes Against Elders – Mandatory Minimum Sentencing
12. No Probation if Defendant Commits Theft of Property Exceeding $100,000.

The 2011-2012 Legislature was great to work with. Below are the bills we proposed for the 2011 Legislative Session:

2011 Prosecuting Attorney Legislative Package

1. TRO Violation – Enhanced penalties for prior conviction of violent crime against a family or household member.
2. Order for Protection Violation – Enhanced penalties for prior conviction of violent crime against a family or household member.
3. Promoting Prostitution – Included as a high priority in witness protection program.
4. Promoting Prostitution – Increased penalties.
   1. Promoting prostitution in the first degree – Increase penalty to class A felony from class B felony.
   2. Promoting prostitution in the second degree – Increase penalty to class B felony from class C felony.
   3. Promoting prostitution in the third degree – Increase penalty to class C felony from misdemeanor.
5. Prostitution
   1. “Johns” offenders’ penalty increased to a class C felony (Habitual Solicitation of prostitution).
   2. Kept prostitute offenders penalty to a “petty misdemeanor.”
6. Animal Cruelty
   1. Amends section 711-1108.5, HRS, cruelty to animals in the first degree, by adding “kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of that person.”
   2. Exempts societies that protect animals and government from the statute.
7. Victim Notification
8. Increase Per Diems for Witnesses
9. Grant-In-Aid appropriation for department of the prosecuting attorney for 5 prosecuting attorney positions for career criminal prosecution, 1 deputy prosecuting attorney position for drug court prosecution,  1 deputy prosecuting attorney for Hawaii’s Opportunity Probation with Enforcement (HOPE), and victim witness assistance program.
10. Civil Commitment for Violent Sexual Predators  
    1. Defines “sexually violent predator.”
    2. Prosecuting attorney of the appropriate county can initiate the proceeding for involuntary hospitalization.
    3. Requires one licensed psychiatrist or psychologist to be an expert on sexually violent predators.
11. Crimes Against Elders – Mandatory Minimum Sentencing
12. No Probation if Defendant Commits Theft of Property Exceeding $100,000.

The Department of the Honolulu Prosecuting Attorney of the City and County of Honolulu appreciates the support of Governor Neil Abercrombie for supporting the appropriation of $365,250 for its Victim Witness Assistance Program, which is within the State Budget bill, House Bill 2012, House Draft1, Senate Draft 1, conference Draft 1 that became law as Act 106 on 6/8/2012 (Gov. Msg. No. 1208).

The Department of the Prosecuting Attorney of the City and County of Honolulu is very thankful for Governor Neil Abercrombie signing House Bill 246, House Draft 1, Senate Draft 2, Conference Draft 1 into law as Act 322 on 7/10/2012 (Gov. Msg. No. 1439). House Bill 246 is a 2012 Honolulu Prosecuting Attorney Legislative Package bill, which appropriates a total of $1,445,883 for the department to help operate state mandated programs by law such as the Career Criminal Prosecution Unit ($734,973), prosecution in Drug Court ($121,057), Hawaii’s Opportunity Probation with Enforcement Program ($86,888), and Victim Witness Assistance Program ($502,965). These programs are very successful and essential for the public’s safety.

Despite HB 246 becoming law, the Governor can still decide to restrict some of the funds or not release any at all. Therefore, we will continue to work with the Governor in the near future in hopes of getting the funds released.

Another 2012 Honolulu Prosecuting Attorney Legislative Package bill became law. House Bill 1777, House Draft 1, Senate Draft 1 was signed by Governor Neil Abercrombie as Act 325, on 7/10/2012 (Gov. Msg. No. 1442). This law adds a new chapter to the Hawaii Revised Statutes allowing judges to order the production of records by persons or entities located outside of the State in all criminal cases.

In support of our law, the legislature found that many businesses, associations, and organizations providing goods and services to the residents of the State, conducting other activities in the State, or otherwise affecting the residents of Hawaii, now operate nationally or globally, and many maintain their business records in a location outside the State. The legislature further agreed that such records may provide significant evidence in criminal investigations or litigation taking place in the State. Crime results in direct and significant harm and losses to citizens, businesses, associations, and other organizations victimized, and indirectly affects the community at large when those entities must raise prices to cover losses in response. In order to effectively investigate and litigate these crimes, Hawaii law enforcement agencies, prosecutors, and criminal defense attorneys must be able to obtain records relevant to all crimes occurring here, and must be able to use these records in court.  Thus, Hawaii courts must have the ability to order the production of records by all who possess records relevant to a criminal investigation or litigation taking place here, whether such records are kept in-state or out-of-state.

On June 6, 2012, Governor Neil Abercrombie signed House Bill 238 House Draft 2, Senate Draft 1, which became law as Act 206 on 7/3/2012 (Gov. Msg. No. 1309), which creates enhanced penalties when a defendant violates a temporary restraining order and he or she has a prior conviction of a violent crime. For a first conviction for a violation of the temporary restraining order, if the person has a prior conviction for one of the following enumerated felonies: murder in the first degree, murder in the second degree, assault in the first degree, assault in the second degree, kidnapping, unlawful imprisonment in the first degree, sexual assault in the first degree, sexual assault in the second degree, sexual assault in the third degree, continuous sexual assault of a minor under the age of fourteen years, promoting child abuse in the first degree, burglary in the first degree, burglary in the second degree, and abuse of a family or household member, aggravated harassment by stalking, there is a mandatory minimum term of imprisonment of fifteen days and be fined not less than $150 nor more than $600. If not, the penalty is a mandatory minimum jail sentence of forty-eight hours and be fined not less than $150 nor more than $500. This bill is part of the Department of the Prosecuting Attorney of the City and County of Honolulu’s 2011-2012 legislative package.

We supported House Bill 2226, House Draft 2, Senate Draft 2, Conference Draft 1 on behalf of the Department of the Prosecuting Attorney of the City and County of Honolulu, which requires the Department of Public Safety to establish an automatic information and notification system via the victim’s or concerned member of the community’s choice of telephone, text message, or electronic mail transmission on the status of the offender who is in the custody of the department. They may also get status reports on the offender. Moreover, victims or concerned members of the community will be provided a calling system with the option to receive live operator assistance with the system on a twenty-four-hours per day, three-hundred-sixty-five-days per year basis. An automated victim information and notification system governance committee and special fund will also be created. House Bill 2226 House Draft 2, Senate Draft 2, Conference Draft 1 was signed into law by Governor Neil Abercrombie as Act 190 on 6/28/2012 (Gov. Msg. No. 1293).

I attended former Senator Ron Menor’s Community Get-Together on Sunday, July 1, 2012 from 12 p.m to 3 p.m. at Pohakea Elementary School, 91-750 Fort Weaver Road, Ewa Beach. He is a candidate for Honolulu City Council for District 9, which includes Mililani, Waipio, Waikele, Royal Kunia, Village Park, Waipahu, and Ewa.

I attended my Pearl City High School 20th reunion on June 16, 2012 from 5:30 p.m. at Hilton Hawaiian Village.