Category Archives: Uncategorized

Won a trial on peddling in Waikiki


I won a trial today, Thursday, October 11, 2012 in Honolulu District Court where the defendant peddled in the Waikiki peninsula, which is a violation.

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Senator Tony Chang


On October 6, 2012, I posted a statement on Senator “Tony” Chang on my personal Facebook page. I am including it here and my other public sites as well.  He was a great leader and friend to many.

On October 6, 2012, in my personal Facebook, I wrote:

I am saddened to have learned that my friend, Senator Anthony Chang who many called “Tony” passed away this past Tuesday, October 2, 2012 at the age of 68. Senator Chang was a great legislator and attorney. I was fortunate to have met him in 2002 through Senator Carol Fukunaga. Senator Chang would call me every so often and we often met at cultural and community events. I will always remember his smile, stories, and words of advice.

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Trial Wins as of 10/2/2012


On November 3, 2010, I became a Deputy Prosecuting Attorney when Keith M. Kaneshiro was elected Honolulu Prosecuting Attorney. I serve as the department’s legislative liaison, which is busy between December to June every legislative session. After the session is done, I sit on a number of legislative task forces and committees, and I practice law as a trial attorney. In 2011 and 2012, I practiced law for traffic, petty misdemeanor, and misdemeanor cases in the district courts. Most cases in the district courts end with a plea agreement, and if an agreement cannot be reached, we go to trial. The following are bench trials I won in the district courts where the judge is the trier of fact:

7/7/2011: Won – OVUII (mental and intox) bench trial.

7/13/2011: Won – OVUII (mental and intox) bench trial.

8/9/2011: Won – Violation of Stay Away Order bench trial.

9/16/2011: Won – Speeding bench trial.

9/16/2011: Won – Speeding bench trial.

10/5/2011: Won – No Seatbelt bench trial.

11/4/2011: Won – Speeding bench trial.

11/17/2011: Won – Speeding bench trial.

3/23/2012: Won – Assault in the Third Degree bench trial.

9/12/2012: Won – Assault in the Third Degree bench trial.

10/1/2012: Won – Disorderly Conduct (Tumultuous Behavior) bench trial.

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Won a disorderly conduct bench trial


Today, Monday, October 1, 2012, I won a bench trial for petty misdemeanor disorderly conduct case where the defendant and his two other friends behaved in a tumultuous way that caused some public inconvenience.

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My niece Elyse Aiko Lee was born on August 11, 2012


My niece Elyse Aiko Lee was born on August 11, 2012 to proud parents, my younger sister Mia and brother-in-law Mike Lee in San Francisco, California.

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Honolulu Prosecuting Attorney Keith M. Kaneshiro 8/29/2012 Fundraiser


Honolulu Prosecuting Attorney Keith M. Kaneshiro and I at his fundraiser last night, Tuesday, August 29, 2012 at about 6:30 pm at the Blaisdell Center in the Pikake Room. Thank you for all your support!

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WON MY 2ND “ASSAULT IN THE THIRD DEGREE” BENCH TRIAL


WON MY 2ND “ASSAULT IN THE THIRD DEGREE” BENCH TRIAL. After returning to Honolulu, Hawaii from San Francisco, California on Tuesday, September 11, 2012, the next morning I prepared for my afternoon cases in Honolulu District Court, Criminal Courtroom 7B. In court, out of 14 cases, I had pre-trial conferences on 6 cases with 5 different opposing counsels and the judge. 2 cases could not be agreed upon between opposing counsels and I, thus these cases were headed for trial: an Assault in the 3rd Degree case (misdemeanor) and an Animal Nuisance case (violation). I went to trial on the more serious crime, the Assault in the 3rd Degree case where an adult male strangled another adult male who had physical challenges and has to use a wheel chair. I won this bench trial, which is my second win for an Assault in the 3rd Degree case, the most violent crime in district courts in Hawaii.

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2012 Honolulu Prosecuting Attorney Legislative Package


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 1st degree and all other surveillance to be in 2nd 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 1st degree, 2nd degree, and 3rd 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.

  1. 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.

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2011 Prosecuting Attorney Legislative Package (Noting changes by the Legislature)


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.

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Recapping the 2011-2012 Legislature: 2011 Prosecuting Attorney Legislative Package


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.

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Honolulu Prosecuting Attorney Appropriation for Victim Witness Assistance Program in the State Budget Bill


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).

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Honolulu Prosecuting Attorney Appropriations Bill Became Law


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.

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Honolulu Prosecuting Attorney’s Long-Arm Statute Bill Became Law


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.

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Honolulu Prosecuting Attorney’s bill creating enhanced penalties for violation of temporary restraining order became law


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.

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Automatic Information and Notification System Bill Becomes Law


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).

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Ron Menor’s Community Get-Together


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.

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Pearl City High School 20th Reunion


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

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Lara’s birthday at Alan Wong’s restaurant on the evening of June 12, 2012


My family celebrated my sister Lara’s birthday at Alan Wong’s restaurant on the evening of June 12, 2012.

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Honolulu Japanese Junior Chamber of Commerce’s Nijikai


On Friday, June 1, 2012, from 6:00 p.m., I attended the Honolulu Japanese Junior Chamber of Commerce’s Nijikai at the Waterfront at Aloha Tower, which raised funds for Hawaii Foster Youth Coalition and Kids Hurt Too Hawaii.

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Honolulu Japanese Chamber of Commerce’s 35th Annual Samurai Classic Golf Tournament


I volunteered for the Honolulu Japanese Chamber of Commerce’s 35th Annual Samurai Classic Golf Tournament at Pearl Country Club on May 10, 2012.

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24th Annual College of Tropical Agriculture and Human Resources Awards Banquet


On Friday, May 4, 2012, I attended the 24th Annual College of Tropical Agriculture and Human Resources Awards Banquet at Ala Moana Hotel.

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2012 House Party


On Thursday, May 3, 2012, I attended the Hawaii State House of Representatives’ party at “The Standard” in Restaurant Row. I talked with legislators, staff, and lobbyists. I thanked many legislators and staff who supported legislation I worked on for the Department of the Prosecuting Attorney of the City and County of Honolulu.

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2nd 2012 Honolulu Prosecuting Attorney Bill becomes law


On April 30, 2012, Governor Neil Abercrombie signed Senate Bill 2247, Senate Draft 2, House Draft 1, which became law as Act 094 on 4/30/2012 (Gov. Msg. No. 1195).  We inserted language from a bill in our 2012 Honolulu Prosecuting Attorney legislative package into Senate Bill 2247.

This law allows electronic communication service providers to divulge the contents of a communication to law enforcement agencies, public safety agencies, and public safety answering points when there is an emergency involving danger of death or serious bodily injury to any person.

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Honolulu Prosecuting Attorney Bill becomes law: HB 1772 Relating to Violation of Privacy


On April 24, 2012, Governor Neil Abercrombie signed House Bill 1772 into law as Act 59.  This bill is part of the 2012 Honolulu Prosecuting Attorney legislative package, which corrects “violation of privacy in the second degree” under section 711-1111, Hawaii Revised Statutes.

In 1999, the legislature created the offense of privacy in the first degree that included a penalty of class C felony under section 711-1110.9, Hawaii Revised Statutes, where one conducts a surveillance of another person in a stage of undress or sexual activity.  The legislature exluded surveillance of another person in a stage of undress or sexual activity for the offense of violation of privacy in the second degree under section 711-1111, Hawaii Revised Statutes, and the penalty for this section is a misdemeanor.

In 2006, the legislature in a criminal omnibus bill, accidentally removed language in the offense of violation of privacy in the second degree under section 711-1111, Hawaii Revised Statutes, that excluded surveillance of another person in a stage of undress or sexual activity, thus making the language the same as the offense of privacy in the first degree under section 711-1110.9, Hawaii Revised Statutes.  Since both sections have the same type of language, case law requires us to charge the lesser charge of privacy in the second degree under section 711-1111, Hawaii Revised Statutes when the facts is about a person who surveils another person in a stage of undress or sexual activity because charging the higher offense would violate due process and the equal protection of the laws.  In State v. Modica, 58 Haw. 249, 567 P.2d 420 (1977), the Supreme Court of Hawaii noted, “where the same act committed under the same circumstances is punishable either as a felony or as a misdemeanor, under either of two statutory provisions, and the elements of proof essential to either conviction are exactly the same, a conviction under the felony statute would constitute a violation of the defendant’s rights to due process and the equal protection of the laws.”

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Dinner with my friend California State Senator Leland Yee


On April 4, 2012, at 6:00 P.M., I had dinner with my friend California State Senator Leland Yee and his friend Anna Maria at Tokkuri-Tei restaurant.

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7th Memorial Service for my grandma Bessie S. Karamatsu


On March 31, 2012, at 5:00 P.M., my extended family and I attended my grandma Bessie S. Karamatsu 7th annual memorial service at Honolulu Jodo Mission of Hawaii. We ate dinner at a Chinese restaurant after. I miss my grandma.

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Fundraisers for Honolulu Prosecuting Attorney Keith M. Kaneshiro and Hawaii State Representative Ken Ito


In the evening of March 29, 2012, I attended the fundraiser for Honolulu Prosecuting Attorney Keith M. Kaneshiro held at the Blaisdell NBC Hall and fundraiser for Hawaii State Representative Ken Ito held at Mandalay Restaurant.

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Won Trial for Assault in the Third Degree


On March 23, 2012, in the afternoon, I won my trial on an Assault in the Third Degree case at Honolulu District Court. The female defendant punched two female victims twice in the face each. The court ruled guilty for two counts of Assault in the Third Degree and ordered the defendant to the following: seven days jail, restitution for both victims, mental health assessment and treatment, and anger management treatment. Assault in the Third Degree is a misdemeanor.

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My Speech to College Students Majoring in Social Work


On Friday, March 16, 2012, from 8:45 A.M., I made a speech to social worker students from the University of Hawaii, Hawaii Pacific University, and Bringham Young University Hawaii at the Hawaii State Capitol auditorium in regards to the legislative process in Hawaii.  Lieutenant Governor Brian Schatz spoke about the administration’s policy that affects social workers and Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu also spoke with me about the legislative process.

“There is a new wave of leadership.  There is also a new generation of leaders coming up.  We all can make a difference to better the world.  There will be people who say that one person cannot change the world.  I totally disagree with anyone who tells you this. 

You can move the masses.  How do you move the masses?  Through your ideas.  All you need is an idea.  I believe there are two ways one can move the masses.  One, put your idea into law, and two, put you idea into popular culture.  Law creates precedence.  Your law could be replicated by other states, the national government, and even other countries.  Popular culture influences the masses.  Take good notes.  Who knows, you may write a book or create a documentary film.  Maybe you could write a novel based on your experiences and maybe even create a blockbuster movie.  Today, I will talk about the law.  ‘Popular culture’ will be for another speech.”

I explained the legislative process; importance of being professional and positive; work of social workers in the Department of the Honolulu Prosecuting Attorney; and legislative policy goals of our department.

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

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2/3/2012 House Judiciary Committee


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.

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2/2/2012 House Public Safety and Military Affairs Committee Hearing


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.

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2/1/2012 House Transportation Committee Hearing


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.

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Honolulu Prosecutor bills pass the Senate Judiciary and Labor Committee


On Tuesday, January 31, 2012, Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the Senate Judiciary and Labor Committee in support of our Honolulu Prosecutor Bills: House Bill 238, House Draft 2 – Enhanced penalties for a person who violates a temporary restraining order and has a prior conviction of a violent crime; House Bill 245, House Draft 1 – Increases per diem payments for of out-of-state and neighbor island witnesses; Senate Bill 2058 –  Amends section 806-83, HRS, to add the following felonies for which criminal charges may be instituted by written information: section 708-803 (habitual property crime), section 708-812.55 (unauthorized entry in a dwelling in the first degree), section 708-812.6 (unauthorized entry in a dwelling in the second degree), and section 708-835.7 (theft of copper); Senate Bill 2060 – Adds a new section to chapter 571, HRS, to allow family courts to require the accused to transport a witness or witnesses, including a complaining witness or witnesses when the accused has sole physical or legal custody of the witness or witnesses; Senate Bill 2061 – Codifies dismissals pursuant to Rule 48, Hawaii rules of penal procedure and exempts cases for abuse of family or household members charges from the dismissal rule. (The case law for the  constitutional right of “speedy trial” still applies); Senate Bill 2062 – This bill amends section 703-309, HRS that allows a parent or guardian to use justifiable force on a minor if it is not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain or mental distress, or neurological damage.  With this bill, the following types of force shall be unjustifiable where it is likely to cause bodily harm greater than transient pain or minor temporary marks:  throwing, kicking, burning, biting, cutting, striking with a closed fist, shaking a minor under three years of age, striking or other actions that result in any non-accidental injury to a minor less than eighteen months of age, interfering with breathing, threatening with a deadly weapon, or striking on the face.

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Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the Senate Judiciary and Labor Committee and Senate Public Safety, Government Operations, and Military Affairs Committee in support of House Bill 246, House Draft 1


On Tuesday, January 31, 2012, Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before the Senate Judiciary and Labor Committee and Senate Public Safety, Government Operations, and Military Affairs Committee in support of House Bill 246, House Draft 1, which appropriates funds for the Department of Prosecuting Attorney of the City and County of Honolulu for career criminal prosecution unit, prosecution in drug court, prosecution Hawaii’s opportunity probation with enforcement, and victim witness assistance program.  This is a Honolulu Prosecutor Bill.

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Senate Bill 61 “Move over” or “slow down” for stationary emergency vehicles


On Monday, January 30, 2012 at 1:15 P.M., on behalf of the Department of the Prosecuting Attorney of the City and County of Honolulu, we testifiend before the Senate Committee on Transportation and International Affairs supporting Senate Bill 61, which requires motorists to “move over” or slow down when passing a stationary emergency vehicle on a highway.

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Honolulu Prosecuting Attorney Keith M. Kaneshiro testified before House Human Services Committee on 1/30/2012


On Monday, January 30, 2012, at 8:30 A.M., Prosecuting Attorney Keith M. Kaneshiro of the Department of Prosecuting Attorney of the City and County of Honolulu testfied before the House Human Services Committee in support of House Bill 2190 (requires suspected financial abuse of a minor to be reported to law enforcement), House Bill 2192 (enhanced penalties for financial exploitation of dependent elders), House Bill 2350 (Honolulu Prosecutor bill for appropriation for department to establish a family justice center), and House Bill 2351 Honolulu Prosecutor bill that appropriates funds to the Judicary to get 2 more judges to oversee domestic violence cases because there is congestion in the domestic violence courts).

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Senate Bill 2247 Call Location Information


On Thursday, January 26, 2012 at 2:50 P.M., on behalf of the Department of the Prosecuting Attorney of the City and County of Honolulu, we testified before the Senate Public Safety, Government Operations, & Military Affairs Committee in support of Senate Bill 2247, which requires communications service providers to provide call location information upon request by public safety agencies responding to emergencies that involves the risk of death or serious physical harm. We worked with Chairman Will Espero to include some of our language from our Senate Bill 2063.

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House Bill 127, HD1 Emergency Contraceptives for Sexual Assault Survivors


On Tuesday, January 24, 2012 at 2 P.M., I testified before the House Judiciary Committee on behalf of the Department of the Prosecuting Attorney of the City and County of Honolulu in support of House Bill 127, House Draft 1, which requires hospitals to provide emergency contraceptives to survivors of sexual assault. It passed the committee. I have supported this issue since my first legislative session as a legislator in 2003.

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Hawaii Prosecuting Attorneys Association (HPAA)


On Friday, January 13, 2012, at 10:30 A.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I met with leaders from other legal departments in the State of Hawaii to dicuss each other’s legislation, which included Hawaii County Prosecuting Attorney Charlene Iboshi, Kauai County Prosecuting Attorney Shaylene Iseri-Carvalho via phone, Maui County Deputy Prosecuting Attorney and Appellate Division Chief Richard Minatoya, and Deputy Attorney General Lance Goto at the Attorney General’s office.

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Ignition Interlock Task Force Meeting


On Thursday, January 12, 2012, at 12:00 P.M. to 2:00 P.M., I attended the Ignition Interlock Task Force meeting at Alakea Corporate Tower’s conference room.

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Meeting with James Dold of Polaris Project


On Tuesday, January 11, 2012, Deputy Prosecuting Attorney Tricia Nakamatsu, our department’s Director for Victim Witness Advocates Dennis Dunn, and I met with James Dold of Polaris Project to discuss sexual trafficking legislation at our department’s conference room. Mr. Dold traveled here from Washington D.C. where his organization is based.

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Info Briefing on Human and Sex Trafficking


On Monday, January 9, 2012, from 2:00 P.M. to 5:30 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu, our department’s Director for Victim Witness Advocates Dennis Dunn, our department’s Communications Executive Assistant as well as our court dog, Pono, a black Labrador Retriever, attended the House Committee on Human Services, House Committee on International Affairs, Senate Committee on Human Services, and Senate Committee on Transportation & International Affairs’ informational briefing on human and sex trafficking. I was moved by the testimonies stated by a couple of female survivors of sex trafficking.

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Meetings on behalf of Department of Honolulu Prosecuting Attorney


On Wednesday, January 4, 2012, at 11:00 A.M. I met with Speaker Calvin K.Y. Say and his advisors Calvin Azama and Clarice Hashimoto along with Deputy Prosecuting Attorney Tricia Nakamatsu and our clerk, Paul Lacuesta to discuss the Department of the Prosecuting Attorney of the City and County of Honolulu’s 2012 Legislative Package.  At 2:00 P.M., Deputy Prosecuting Attorney Tricia Nakamatsu and I met with Veronika Geronimo and Nancy Kriedman of the Hawaii State Coalition Against Domestic Violence at their downtown office to discuss their domestic violence legislation as well as ours.

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Farewell to IslandStyleHome.com


I had a meeting today, December 29, 2011 with Aloha Shipping and Packaging (ASAP), the company that my company, JRK Enterprises LLC contracts with to fulfill its orders for its DBA IslandStyleHome.com. After over 9 years of owning and managing DBA IslandStyleHome.com since August 2002, I have decided to transfer it to ASAP on January 1, 2012 so I can focus on my next business idea that I have been working on since October 2006, and my work as a legislative liaison and trial attorney. JRK Enterprises LLC will take a rest until I can publicly launch my other business idea. I have to keep moving and evolving to maximize my impact on society. I feel a little sad, but very excited at the same time.

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Yin Sit Sha Society Dinner


On Sunday, November 27, 2011, I attended the Yin Sit Sha Society dinner at Empress
Restaurant from 5:30 P.M. This organization is made up of descendants of Chinese rice farmers in Punalu’u. I was invited to this event by Tricia Nakamatsu.

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Cathy Lowenberg Sing


On Friday, November 25, 2011, I watched Cathy Lowenberg, a Honolulu Deputy Prosecuting Attorney sing with her band “Missing Dave at “The Edge”. I really enjoyed it!

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Tatum’s 6th Birthday


On Saturday, November 19, 2011 from 6:00 P.M., I attended my 2nd cousin Tatum’s 6th birthday.

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Charming China Contemporary Classic Art Exhibition Dinner


On Saturday, November 12, 2011 from 6:00 P.M., I attended the Charming China Contemporary Classic Art Exhibition Dinner at Jade Dynasty Restaurant in Ala Moana Shopping Center.

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2011 Department of the Prosecuting Attorney of the City and County of Honolulu Legislation Passed


The Department of the Prosecuting Attorney of the City and County of Honolulu advocated for a bill, passed by the Hawaii State Legislature this year, that included language from three of the Honolulu Prosecuting Attorney’s 2011 Legislative Package’s bills that makes promoting prostitution a Class A felony; makes “habitual solicitation of prostitution” a Class C felony; and gives victims of prostitution better access to witness protection [House Bill 240, SD1, CD1 became Act 145, on 6/20/2011 (Gov. Msg. No. 1248)].  The department also played a key role in passing a bill that extended the time for temporary restraining orders from 90 days to 180 days [House Bill 968, HD1, SD1 became Act 085, on 6/8/2011 (Gov. Msg. No. 1188)].

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