Daily Archives: February 2, 2013

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.