Monthly Archives: February 2013

On Wednesday, February 27, 2013, at about 2:00 P.M., I continued my Assault in the Third Degree trial for a second day where three young men assaulted another young man for about 15 to 20 minutes. I got a conviction for one of the co-defendants in January 2013 when he last-minute pled “no contest.” I’m just amazed how physically violent humans are.

After work I exercised with Tricia Nakamatsu at the Honolulu Club where I did strength training for my abs, chest, and triceps. I also ran 4.12 miles on the treadmill.

In the evening, I went to Waikele McDonald’s to try the Fish McBites. I observed a Haole man probably in his 60s swearing the “F” word because he was waiting for his apple pie. Later another man who was Filipino and probably in his 60s or 70s got upset for waiting for his chocolate sundae. I felt so bad for the young man trying his best at the cashier. Humans get upset for such minor things and it’s unfortunate that some don’t mature with age. These guys are in their 60s and 70s and are such terrible examples for our younger generations.

I wonder about the human race. I try to understand why people are so easily filled with anger and hatred, and lash out at other humans through verbal or physical violence. I’m so disappointed.

It’s lonely nights like this that I wish I could spend time with my late grandpa Tadao Sakai who was the kindest person I have ever known. He passed away in 1999 at the age of 85. Whenever I was with him, I felt at peace. My grandpa didn’t have to say anything – just being with him was comforting. If only I could have one more moment with him. I miss my grandpa so much.

On Monday, February 25, 2013 at 1:30 P.M. before the House Finance Committee, I testified in opposition to HB275 HD1 that proposes a constitutional amendment authorizing the Chief Justice of the Supreme Court to appoint retired judges and justices as emeritus judges, permitting the appointed judges and justices to serve as temporary judges in courts no higher than the court level that they reached prior to retirement and for terms not to exceed three months per appointment. While the Department of the Prosecuting Attorney of the City and County of Honolulu supports judges and justices who are knowledgeable of the law and respectful to attorneys, staff, and witnesses pursuant to the Hawaii Revised Code of Judicial Conduct, the department notes that the mandatory retirement of judges and justices who reach the age of 70 provides opportunity for judicial nominees who have a fresh approach in analyzing the laws and a strong commitment to treating all participants in the court in a professional manner. Moreover, the mandatory retirement of age 70 for justices and judges is sometimes our only opportunity for change. By bringing back justices and judges who were forced to retire upon reaching the age of 70, we slow down this transition of leadership.

I also testified in support of HB1027 HD1 that requires absentee voters to affirm by signature that the ballot was completed in secrecy and without influence from other; requires absentee ballots to include information regarding election fraud, voter fraud, and related penalties; prohibits employers, unions, and candidates or their agents from assisting voters with completing absentee ballots; and subjects special elections by mail to the same voter assistance requirements as for absentee ballots.

In the evening, I exercised for the 14th time in 2013 with strength training for my abs, arms, and back, and I ran 8.51 miles in Honolulu.

On the evening of Saturday, February 23, 2013 at the Ko’olau Ballrooms, my younger sister Lara Karamatsu received the “2013 Young Engineer of the Year Award” from the Hawaii Council of Engineer Societies. Also in attendance was my mom, dad, and Lara’s boyfriend Ross. I am very proud of her.

On Sunday, February 24, 2013 from 10:00 A.M., for the Honolulu Jodo Shu Fujinkai service and membership meeting, I made a welcome speech. After we had a New Year’s party.

On Friday, February 22, 2013 at 2:00 P.M. before the House Judiciary Committee, I testified in support of HB 411 HD1 that establishes a new part in chapter 321, Hawaii Revised Statutes, to ensure that sexual assault victims are provided with medically and factually unbiased information about and access to emergency contraception when receiving emergency medical care at Hawaii’s hospitals.

At about 12:30 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I had lunch with Maui Deputy Prosecuting Attorney Richard Minatoya.

In the evening, I socialized with Honolulu Deputy Prosecuting Attorneys in the Traffic and Misdemeanor Division of the department at Indigo Restaurant.

On Thursday, February 21, 2013 at 2:00 P.M. before the House Judiciary Committee, I had testimony in support of HB1066 that makes solicitation of a minor for prostitution a crime; increases the statute of limitations to bring a cause of action for coercion into prostitution from two to six years; clarifies the minimum and maximum fine for a person convicted of committing the offense of prostitution; adds the offenses of solicitation of a minor for prostitution, habitual solicitation of prostitution, and solicitation of prostitution near schools and public parks under the State’s forfeiture laws; and amends the definition of “sexual offense” under the sexual offender registry laws to include acts that consist of the solicitation of a minor who is less than eighteen years of age for prostitution.

I also had testimony in support of HB783, HD1 that includes law enforcement officers among persons having a direct and tangible interest in public health statistics records to facilitate their inspection and acquisition of such records for criminal investigations. This is a Law Enforcement Coalition bill.

Lastly, I had testimony in support of HB785 that amends provisions of Act 325, Session Laws of Hawaii 2012, which allow for the service of process issued by another state upon a Hawaii recipient and clarifies the following: (1) that the service of process may be upon a person or business, but not a government agency; (2) that the process is for the production of records; (3) that the process must be based upon a pending criminal investigation or prosecution; and (4) that the person or business being served must have conducted business or engaged in transactions occurring at least in part in the issuing state. This is a Law Enforcement Coalition bill that amends our 2012 law that was in our 2012 Honolulu Prosecuting Attorney Legislative Package.

On Wednesday, February 20, 2013, I started my assault 3 trial in Honolulu District Court, which has been continued to next week Wednesday.

In the meantime, Deputy Prosecuting Attorney Tricia Nakamatsu testified at the House Judiciary Committee and House Consumer Protection and Commerce Committtee at 2 PM in support of our HB235 that amends definition of “victim” in section 706-646, HRS, to include any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that impounds, holds, or receives custody of a pet animal pursuant to section 711-1109.1, 711-1109.2, or 711-1110.5, HRS.

Nakamatsu also testified before the House Finance Committee at 3:30 P.M. in support of our HB238 amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. The measure provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

On the evening of February 19, 2013, I spent some time with my friend Clint and all his banker friends, with one being a classmate of mine from high school.

On the evening of Sunday, February 17, 2013, I had dinner with my dad, younger sister Lara, and Uncle Dave and Aunty Jamie Kaneshiro at a Chinese Restaurant at 99 Ranch in Mapunapuna.

I was happy to achieve a personal record at the Great Aloha Run this morning of 2/18/2013 with a time of 01:03:46 coming in 597th out of 18,187 runners and 72nd out of 901 runners in my sex and age category. I hope these races keeps me motivated to exercise in the years to come even when I start to decline physically. I am determined to keep working hard at my physical fitness so I can live a long life with all of you, my friends.

On the evening of 2/16/2013, I attended the Teo Chew banquet as a guest of Ho Farms at Empress restaurant in the Chinese Cultural Center in Honolulu, Hawaii.

On 2/15/2013 at 10:00 A.M., before the Senate Judiciary and Labor Committee, Deputy Prosecuting Attorney Tricia Nakamatsu testified in support of SB192 that makes solicitation of a minor for prostitution a crime; increases the statute of limitations to bring a cause of action for coercion into prostitution from two to six years; clarifies the minimum and maximum fine for a person convicted of committing the offense of prostitution; adds the offenses of solicitation of a minor for prostitution, habitual solicitation of prostitution, and solicitation of prostitution near schools and public parks under the State’s forfeiture laws; and amends the definition of “sexual offense” under the sexual offender registry laws to include acts that consist of the solicitation of a minor who is less than eighteen years of age for prostitution. Nakamatsu also testified in support of SB194 that excludes certain offenses from eligibility to be granted a deferred acceptance of guilty plea.

At 2:00 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu, Victim Witness Director Dennis Dunn, and I met with members of the Hawaii Prosecuting Attorney Association at our office.

At 3:45 P.M., I attended the swearing in ceremony of Dean E. Ochiai as judge for the Circuit Court of the First Circuit, and Kevin Souza as judge for the District Family Court of the First Circuit at the Hawaii Supreme Court.

At 6:30 P.M., I attended the karaoke social gathering of prosecutors and public defenders. I brought along my friend, private defense attorney Tommy Waters who served with me in the Hawaii State House of Representatives. Tommy is currently serving in the Judicial Selection Commission, appointed by House Speaker Calvin K.Y. Say, a mentor for the two of us. Also with us that evening was Hawaii State Representative Jimmy Tokioka who represents Western Kauai. I cherish the friendship I have with these two brothers of mine.

On 2/14/2013 at 10:00 A.M. before the House Public Safety Committee, Victim Witness Advocate Director Dennis Dunn testified in opposition to HB257 that establishes an earned-time program under which a person may be eligible for parole prior to the expiration of the person’s minimum term of incarceration. The person must show progress toward rehabilitation with improved social skills or participation in educational, occupational, or counseling programs. Requires the department to review each person’s performance annually to determine if the person merits an earned-time deduction. We thank the committee for deferring this measure.

At 2:00 P.M., before the House Judiciary Committee, I testified in support of HB1027 that requires absentee voters to affirm by signature that the ballot was completed in secrecy and without influence from others; Requires absentee ballots to include information regarding election fraud, voter fraud, and related penalties; Prohibits employers, unions, and candidates or their agents from assisting voters with completing absentee ballots; and Subjects special elections by mail to the same voter assistance requirements as for absentee ballots. Honolulu Prosecuting Attorney Keith M. Kaneshiro testified in support of HB237 HD1 that appropriates funds to the Department of Education for two additional alternative schools; and Requires the Department of Education to develop enrollment criteria and a referral and placement process. HB237 HD1 is part of the 2013 Honolulu Prosecuting Attorney legislative package.

In the evening, I exercised for the 11th time in 2013 by strength training for my abs, chest, and triceps, and I ran 5.51 miles in Honolulu.

On 2/13/2013, at 8:30 A.M. before the House Health Committee, I testified in opposition of HB910. One of the primary purposes of HB910 is to limit conditional release to a maximum of one year, for anyone granted conditional release after he or she was:(1) committed to the custody of the Director of Health, following an acquittal for physical or mental disease, disorder, or defect excluding penal responsibility; or (2) placed on conditional release pursuant to Chapter 704, then had such conditional release revoked if the original charge against that person was a misdemeanor, petty misdemeanor, or violation. When conditional release is granted, the court makes a specific determination that conditional release is necessary, as the defendant is still affected by physical or mental disease, disorder, or defect and still a danger to self or others. The court grants a conditional release because it feels that the defendant can be safely released only if he or she is adequately monitored and given proper care, supervision, and treatment. Without such supervision and treatment, the defendant will continue to be a danger to self or others. Rather than apply a set one-year limitation on all conditional releases granted under HRS §704-412, in which the defendant was charged with a petty misdemeanor, misdemeanor, or violation, the Department would strongly recommend a case-by-case review by the court, involving a thorough review of all relevant facts and circumstances. Inevitably, some cases will call for supervision and treatment beyond one-year, particularly in cases under HRS §704-412, where the defendant was previously committed and/or had their conditional release revoked. Public safety is the Department’s highest priority, and proper supervision and treatment of defendants is critical to preventing future violence or criminal activity. Instead of placing a set time limit on conditional release, the Department respectfully suggests a standardized schedule for court review. When a court finds that the defendant may be released into the community without being a danger to self or others, then it is within the court’s powers to discharge him or her at that time. For all the foregoing reasons, the Department of the Prosecuting Attorney of the City and County of Honolulu opposes HB910.

At 10:00 A.M., before the House Transportation Committee, I testified with comments on HB66 that imposes conditions to ensure that persons arrested for driving under the influence of an intoxicant are sober prior to being released from custody. Although the intent of this bill is good, it infringes due process constitutional rights because when a person posts bail he or she has a right to be released. I also testified in support of HB1181 that amends the definition of a habitual offender to also mean a person who was convicted of habitually operating a vehicle under the influence of an intoxicant prior to the instant offense of operating a motor vehicle under the influence of an intoxicant..

At 4:00 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I met with Senator Roz Baker at her office regarding our puppy mills regulation bill.

In the evening, I exercised for the 10th day of 2013 with strength training for my abs, arms, and back, and I ran 7.35 miles in Honolulu.

On 2/12/2013, at 9:30 A.M., I testified before the House Human Services Committee commenting on HB1006 that allows the Department of Human Services to create a Family Justice Center task force to consider the establishment of family justice centers to assist victims of domestic violence, sexual assault, elder abuse, or human trafficking, and provide family-based social services. One of the goals of the bill is to help fund Family Justice Centers, which we would be very grateful to receive.

At 11:00 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I celebrated Deputy Prosecuting Attorney Allen Yadao’s birthday ad Dave & Buster’s for lunch. We shot some basketballs and played a couple of video games.

At 2:05 P.M., before the House Judiciary Committee, I had testimony in support of HB853 that proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law; and HB864 HD1 that establishes the Early Childhood Education Program within the Early Learning System. Effective upon the ratification of the proposed constitutional amendment, proposed by H.B. 853 (2013), permitting public funds for private early childhood education programs.

On 2/11/2013, at 1:00 P.M. Deputy Prosecuting Attorney Tricia Nakamatsu and I had a meeting with a representative from K12, a private company that does Internet learning. They are interested that we have legislation supporting alternative schools for at-risk youth. Throughout the day, Nakamatsu and I tracked legislation in various committees and worked with various politicians and agencies as they contacted us on issues. In the evening I did my 9th day of exercise for 2013 doing strength training for my abs and shoulders and ran 6.18 miles in Honolulu.

On 2/10/2013, I attended Honolulu Jodo Shu services at 10:00 A.M. and chaired the board meeting at 11:45 A.M.

In the afternoon, I ran 4.67 miles for my 8th day of exercising in 2013 and worked on my writing project, and in the evening, I had dinner with my dad.

On the evening of 2/9/2013, I attended Mrs. Noguchi’s 85th birthday in Pearl City.

2/8/2013 Highlights:

At 8:30 A.M. before the House Health Committee and House Public Safety Committee, Deputy Prosecuting Attorney Tricia Nakamatsu testified with comments on HB668 that transfers departmental jurisdiction of the medical marijuana laws from the Department of Public Safety (DPS) to the Department of Health and requires DPS to assist with the transfer. I testified in opposition to HB667 that amends aspects of the Medical Use of Marijuana regime: defining adequate supply, confidentiality of growing sites, certifying physician requirements, confidentiality of patient’s condition, caregiver to patient ratio, transportation of medical marijuana, qualifying visitors, and registration requirements. We had testimony in support of HB783, a Law Enforcement Coalition bill that includes law enforcement officers among persons having a direct and tangible interest in public health statistics records to facilitate their inspection and acquisition of such records for criminal investigations.

At 2:00 P.M. Deputy Prosecuting Attorney Tricia Nakamatsu and I met with Senate President Donna Kim to brief her on the 2013 Honolulu Prosecuting Attorney Legislative Package.

At 6:00 P.M., my younger sister Lara and I treated my dad to Ruth’s Chris restaurant in Honolulu, Hawaii for his birthday.

2/7/2013 Highlights:

At 10:00 A.M. before the Senate Judiciary and Labor Committee, Deputy Prosecuting Attorney Tricia Nakamatsu testified in opposition to SB346 that permits a court to dispose of a juvenile case by referring the defendant to a restorative justice program when the court deems it would be in the best interest of the child and the child admits guilt. Nakamatsu also testified in opposition to SB346 that Proposes a constitutional amendment authorizing the Chief Justice of the Supreme Court to appoint judges who have retired upon attaining the age of seventy years as emeritus judges, permitting the appointed judges to serve as temporary judges in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months. Victim Witness Advocate Director Dennis Dunn testified in support of SB509 that proposes an amendment to the Constitution of the State of Hawaii guaranteeing that crime victims and their immediate surviving family members have specific rights related to information pertaining to and participation in the criminal justice process.

At 11:00 A.M. before the House Public Safety Committtee and House Transportation Committtee, I testified in support of HB1013 that includes sheriff’s vehicles in the definition of “emergency vehicle” under the requirement that motorists “move over” when passing a stationary emergency vehicle on a highway. I also testified in support of HB1308 that Adds civil defense and county emergency management vehicles to the definition of “emergency vehicle” under the move over law.

At 1:15 P.M., before the Senate Committee on Public Safety, Iintergovernmental and Military Affairs and
Senate Committee on Technology and the Arts, Deputy Prosecuting Attorney Tricia Nakamatsu testified in opposition to SB61 that creates procedural and administrative requirements for law enforcement agencies for eyewitness identifications of suspects in criminal investigations; and grants a defendant the right to challenge any eyewitness identification to be used at trial in a pretrial evidentiary hearing.

2/6/2013 Highlights:

At 8:30 A.M. before the House Committee on Veterans, Military, & International Affairs, & Culture and the Arts, I had testimony in support of the Law Enforcement Coalition’s HB1059 that requires the court to advise criminal defendants of the effects of a guilty or no contest plea on alien status.

At 8:30 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I had a meeting with Representative Angus McKelvey regarding our restitution bill.

At 10:00 A.M. Deputy Prosecuting Attorney Tricia Nakamatsu and I had a meeting with Senator Josh Green regarding notification for victims when offenders leave state health facilities.

At 10:30 A.M., before the House Health Committee, I testified in support of HB411 that establishes a new part in chapter 321 to ensure that victims of sexual assault are provided with medically and factually unbiased information about and access to emergency contraception when receiving emergency medical care at Hawaii’s hospitals for sexual assaults.

At 1:15 P.M. before the Senate Health Committee and Senate Judiciary and Labor Committee, Deputy Prosecuting Attorney Tricia Nakamatsu testified in support of SB1109 that adds a new part to chapter 321, Hawaii Revised Statutes, to ensure that victims of sexual assault are provided with medically and factually unbiased information about and access to emergency contraception when receiving emergency medical care at Hawaii’s hospitals for sexual assaults.

On 2/5/2013, at 9:30 A.M., the Senate Judiciary and Labor Committee passed the Department of the Honolulu Prosecuting Attorney’s SB873 with a Senate Draft 1 that: Amends the definition of “debt” in section 231-52, HRS, to include court-ordered restitution subject to civil enforcement; Removes court’s authority to revoke restitution once ordered; Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders; Extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders; and Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case.

At 1:30 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I had a meeting with Department of Health Adult Mental Health Division and a Deputy Attorney General regarding our victim notification bill.

At 6:00 P.M., I had dinner with my dad at Au’s Garden in Kalihi, Honolulu, Hawaii.

On Thursay, February 8, 2013, the House Consumer Protection and Commerce Committee passed HB241 with a House Draft 1 that creates standards and procedures for income-withholding for purposes of enforcing restitution orders; Extends victims’ access to adult probation records for purposes of enforcing restitution orders; and applies bail court-ordered restitution case. The committee inserted a blank appropriation to fund necessary staff to implement the law. HB241 HD1 is part of the 2013 Honolulu Prosecuting Attorney Legislative Package.

Celebrating Representative Helene Hale’s 88th birthday in 2006 at a Japanese restaurant in Waikiki, Hawaii.

I was saddened by the passing of Helene Hale who dedicated a good portion of her life to public service. She passed away on Friday, February 1, 2013 at the age of 94. She was elected to the Hawaii County Board of Supervisors in 1954, and in 1962, was elected Hawaii County Chairperson and Chief Executive Officer, the equivalent of Mayor. She lost her seat to Shunichi Kimura in 1964, and served in the 1978 Hawaii State Constitutional Convention on the Hawaii County Council from 1980-84 and 1988-94.

I was fortunate to have served with Helene Hale when she made her return to politics at the age of 82 from 2000 to 2006 in the Hawaii State House of Representatives.

On the evening of Saturday, February 2, 2013 at 7:30 P.M., I attended the Bling and Bowties event with Hawaii State Representative Clift Tsuji, Jon Nishihara, Allen Yadao, and others held at the M in Restaurant Row in Honolulu, Hawaii. The event celebrated Representative Clift Tsuji’s son Ryan Kalei Tsuji’s birthday and funds raised went to Big Brothers Big Sisters.

On the evening of February 1, 2012, I spent time with 9 other Honolulu Deputy Prosecuting Attorneys at Che Pasta in Downtown Honolulu. Hawaii House Judiciary Chairman Karl Rhoads and his wife was there as well. I introduced him to all the attorneys. I am very appreciative of Chair Rhoads work in the legislature and he does a very good job in chairing the House Judicary Committee.

On February 1, 2013 at 2:00 P.M., on behalf of the Department of the Honolulu Prosecuting Attorney, I testified in opposition to HB699 that authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores. Applies an excise tax on transactions between marijuana establishments.

On Friday, February 1, 2013 at 2:00 P.M. Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the House Education Committee in support of the following bills:

HB853 proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law, to help the State meet its goal of providing an early learning system for the children of Hawaii.

HB862 establishes the School Readiness Program within the early learning system.

HB864 establishes the Early Childhood Education Program within the early learning system.

Honolulu Prosecuting Attorney Keith M. Kaneshiro believes we must support early education as studies show it plays a role in reducing crime.

On February 1, 2013 at 1:15 P.M., Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the Senate Education Committee and Judiciary and Labor Committee in support of SB419 that appropriates funds to the DOE for 2 additional alternative schools to facilitate the ongoing education of juveniles involved in the justice system. Kaneshiro believes we must help at-risk youth through education.

Prosecuting Attorney Keith M. Kaneshiro also testified in support of SB1084 that proposes a constitutional amendment to permit the appropriation of public funds for private early childhood education programs, as provided by law, to help the State meet its goal of providing an early learning system for the children of Hawaii. Studies have shown that at-risk children who had early childhood education were less likely to commit crimes.

On Friday, February 1, 2013 at 9:00 A.M. on behalf of the Department of the Honolulu Prosecuting Attorney, I testified before the Hawaii House Economic Development and Business Committee in support of HB233 (Honolulu Prosecuting Attorney bill) that establishes licensing requirements and minimum standards of care for commercial dog breeders.

On Thursday, January 31, 2013 at 2:50 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu testified in opposition of SB67 before the Senate Committee on Public Safety, Intergovernmental and Military Affairs and Senate Committee on Technology and the Arts that creates procedural and administrative requirements for law enforcement agencies for eyewitness identifications of suspects in criminal investigations. Grants a defendant the right to challenge any eyewitness identification to be used at trial in a pretrial evidentiary hearing.

On Thursday, January 31, 2013, on behalf of the Department of the Honolulu Prosecuting Attorney, I testified in support of the following bills:

HB238 (Honolulu Prosecuting Attorney bill) that amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

HB236 (Honolulu Prosecuting Attorney bill) that amends crime victims’ bill of rights to include notice as to an offender’s unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of an offender’s unauthorized absences to the department of the prosecuting attorney in the county where the crime was committed.

HB239 (Honolulu Prosecuting Attorney bill) that requires the family court, when requested by the victim, to order the adjudicated minor to make restitution to the victim. Requires the family court to order the parents of the adjudicated minor to pay the remainder of the restitution, if any.

I testified with comments on:
HB148 that establishes a felony and misdemeanor offense for injuring or killing an animal engaged in law enforcement or corrections activities.

I testified in opposition on:
HB275 that proposes a constitutional amendment authorizing the Chief Justice of the Supreme Court to appoint judges who have retired upon attaining the age of seventy years as emeritus judges, permitting the appointed judges to serve as temporary judges in courts no higher than the court level they reached prior to retirement and for terms not to exceed three months.

On Thursday, January 31, 2013, at 12:00 P.M., I met with Mr. David Arakawa of the Land Use Research Foundation at Che Pasta, in downtown Honolulu.

At 1:00 P.M. I joined Deputy Prosecuting Attorney Tricia Nakamatsu in a meeting we had with representatives of Crime Victim Compensation Commission and the Judiciary.

On Wednesday, January 30, 2013 at 2:00 P.M., Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the House Education Committee in support of HB237 (Honolulu Prosecuting Attorney bill) that appropriates funds to the DOE for 2 additional alternative schools to facilitate the ongoing education of juveniles involved in the justice system. Kaneshiro strongly supports reaching our youth through education in hopes that they can turn their lives around.

On Wednesday, January 30, 2013 at 2:00 P.M., on behalf of the Department of the Honolulu Prosecuting Attorney, I testified in support of HB234 (Honolulu Prosecuting Attorney bill) that amends the definition of “debt” in section 231-52, HRS, to include court-ordered restitution subject to civil enforcement. Removes court’s authority to revoke restitution once ordered. Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders. Extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case.

On Wednesday, January 30, 2013, Deputy Prosecuting Attorney Tricia Nakamatsu and I met with Honolulu Police Department officers: Major Jerry Inouye and Lieutenant John Grems. Also attending was Honolulu Corporation Counsel Deputy Attorney Ernest Nomura. We discussed gambling issues.

On January 30, 2013 at 10:00 A.M., I testified on behalf of the Department of the Honolulu Prosecuting Attorney in support of HB214 that requires the state director of finance to transmit to the counties a percentage of fines and forfeitures collected for uncontested traffic infractions that are in excess of amounts required by the State for administrative costs of the traffic violations bureau. We believe that since it is the county police departments and prosecuting attorneys that are enforcing these laws, some funds should be appropriated to the counties.

On Wednesday, January 30, 2013 at 9:30 A.M. Honolulu Prosecuting Attorney Keith M. Kaneshiro and Deputy Prosecuting Attorney Tricia Nakamatsu testified in support of:

SB870 (Honolulu Prosecuting Attorney Bill) that establishes types of physical force presumed unjustifiable when used to discipline minors, for purposes of responding to charges of abuse of family or household member, assault, or other criminal charges;

SB880 (Honolulu Prosecuting Attorney Bill) that requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of 12 years.

SB873 (Honolulu Prosecuting Attorney Bill) that amends the definition of “debt” in section 231-52, HRS, to include court-ordered restitution subject to civil enforcement. Removes court’s authority to revoke restitution once ordered. Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders. Extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case.

SB872 (Honolulu Prosecuting Attorney Bill) that amends the definition of “victim” in section 706-646, HRS, to include any duly incorporated humane society or society for the prevention of cruelty to animals that impounds, holds, or receives custody of a pet animal pursuant to sections 711‑1109.1, 711-1109.2, and 711-1110.5, HRS.

SB879 (Honolulu Prosecuting Attorney Bill) that amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

SB978 (Honolulu Prosecuting Attorney Bill) that imposes a mandatory sentence of one year of imprisonment on a defendant convicted of cruelty to animals in the second degree involving five or more pet animals in any one instance.

SB2 (Honolulu Police Department bill) that amends the offenses of terroristic threatening in the first degree and robbery in the first degree to include the use of simulated firearms.

SB 414 (Honolulu Prosecuting Attorney Bill) that establishes licensing requirements and minimum standards of care for commercial dog breeders.

On Tuesday, January 29, 2013 at 2:00 P.M., on behalf of the Department of the Honolulu Prosecuting Attorney, I testified before the Hawaii House Judiciary Committee in support of HB147 that includes the use of a simulated firearm in the first-degree offenses of terroristic threatening and robbery.

I also testified with comments on HB129 that enacts the Uniform Child Witness Testimony by Alternative Methods Act, which authorizes courts to allow for children to testify in a place other than an open forum or away from the finder of fact, court, or parties.

On Monday, January 28, 2013 at 1:15 P.M., on behalf of the Department of the Honolulu Prosecuting Attorney, I testified before the Hawaii Senate Health Committee in support of SB526 that establishes a new part in chapter 321 to ensure that victims of sexual assault are provided with medically and factually unbiased information about and access to emergency contraception when receiving emergency medical care at Hawaii’s hospitals for sexual assaults.

Under the previous Honolulu Prosecuting Attorney, Peter Carlisle, he avoided taking a stand on this issue. In contrast, Honolulu Prosecuting Attorney Keith M. Kaneshiro strongly supports victims of rape having access to emergency contraceptives.

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On Monday, January 28, 2013 at 10:00 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I met with Hawaii Senator Jill Tokuda at her office regarding our Honolulu Prosecuting Attorney bill that creates two new alternative schools for at-risk youth. We strongly believe that we must reach our youth through education in hopes they can change their lives for the better.

Senator Jill Tokuda and I were in the Hawaii Young Democrats in the mid-1990s. Her husband Kyle Michibata worked for me for the 2003 and 2004 legislative sessions when I was in the Hawaii State House of Representatives. I continue to be very impressed with Senator Tokuda in the way she analyzes issues, and I really like how she chairs her Senate Education Committee. She also has a nice personality. In my opinion, Senator Tokuda is one of the rising politicians of my generation.

2013 Honolulu Prosecuting Attorney Legislative Package

HB231, SB413, (SB870 Sen. Hee)
Honolulu Prosecutor Package; Use of Force by Persons With Special Responsibility for Care, Discipline, or Safety of Others
RELATING TO USE OF FORCE BY PERSONS WITH SPECIAL RESPONSIBILITY FOR CARE, DISCIPLINE, OR SAFETY OF OTHERS.
Establishes types of physical force presumed unjustifiable when used to discipline minors, for purposes of responding to charges of abuse of family or household member, assault, or other criminal charges.

HB232, SB422, (SB880 Sen. Hee)
Honolulu Prosecutor Package; Sentencing; Sexual Assault; Minor
RELATING TO SENTENCE OF IMPRISONMENT FOR SEXUAL ASSAULT OF A MINOR UNDER THE AGE OF TWELVE YEARS.
Requires the court to impose a mandatory minimum term of imprisonment without possibility of parole or probation for a person convicted of certain acts of sexual assault against a minor under the age of 12 years

HB233, SB414, (SB873 Sen. Hee)
Honolulu Prosecutor Package; Commercial Dog Breeders
RELATING TO COMMERCIAL DOG BREEDERS.
Establishes licensing requirements and minimum standards of care for commercial dog breeders. Effective 07/01/2013.

HB234, SB415
Honolulu Prosecuting Attorney Package; Collection of Restitution for Crime Victims
RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
Amends the definition of “debt” in section 231-52, HRS, to include court-ordered restitution subject to civil enforcement. Removes court’s authority to revoke restitution once ordered. Creates standards and procedures for income-withholding, for purposes of enforcing restitution orders. Extends victims’ access to adult probation records, to include access to payment compliance records, for purposes of enforcing restitution orders. Requires that any bail posted by a defendant be applied toward payment of any court-ordered restitution in the same case.

HB235, SB416, (SB872 Sen. Hee)
Honolulu Prosecutor Package; Collection of Restitution for Crime Victims
RELATING TO COLLECTION OF RESTITUTION FOR CRIME VICTIMS.
Amends definition of “victim” in section 706-646, HRS, to include any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that impounds, holds, or receives custody of a pet animal pursuant to section 711-1109.1, 711-1109.2, or 711-1110.5, HRS.

HB236, SB417, (SB869 Sen. Hee)
Honolulu Prosecutor Package; Victims’ Rights; Department of Health Notification
RELATING TO THE RIGHTS OF VICTIMS.
Amends crime victims’ bill of rights to include notice as to an offender’s unfitness to stand trial, transfer to the state hospital or other psychiatric facility, or regaining fitness to proceed. Requires the department of health to provide notice of an offender’s unauthorized absences to the department of the prosecuting attorney in the county where the crime was committed.

HB237, SB419
Honolulu Prosecutor Package; Appropriations; Grants; Department of Education
RELATING TO ALTERNATIVE SCHOOLS FOR JUVENILES INVOLVED IN THE JUSTICE SYSTEM.
Appropriates funds to the DOE for 2 additional alternative schools to facilitate the ongoing education of juveniles involved in the justice system. Effective 7/1/13.

HB238, SB418, (SB879 Sen. Hee)
Honolulu Prosecutor Package; Witnesses in Criminal Cases; Per Diem Payments
RELATING TO WITNESSES.
Amends section 621-7, HRS, to increase the per diem payments for out-of-state witnesses in criminal cases from $110 to $145. Provides an additional $90 per diem payment for witnesses from any island other than the island on which the court is located, when that witness is required to stay overnight.

HB239, SB420
Honolulu Prosecutor’s Package; Restitution; Minors
RELATING TO THE PAYMENT OF RESTITUTION BY MINORS.
Requires the family court, when requested by the victim, to order the adjudicated minor to make restitution to the victim. Requires the family court to order the parents of the adjudicated minor to pay the remainder of the restitution, if any.

HB240, SB421, (SB978 Sen. Hee – only pet animal victims)
Honolulu Prosecuting Attorney Package; Enhanced Sentence for Misdemeanor Crimes Resulting in Multiple Victims
RELATING TO ENHANCED SENTENCES FOR CRIMES THAT RESULT IN MULTIPLE VICTIMS.
Requires courts to sentence a person convicted of a misdemeanor involving physical harm to five or more persons or pet animals in any one instance to one year of imprisonment.