JON RIKI KARAMATSU

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. (House Bill 238 carried over from 2011 and 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. Legislation carried over from 2011.

3.  Department of Health to give notification to the victim on the status of offender. Legislation carried over from 2011.

4.  Increase per diem for neighbor island and out-of-state witnesses coming to Oahu. Legislation carried over from 2011.

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. (House Bill 246 carried over from 2011 and became law as Act 322 in 2012).

6.  Mandatory minimum sentencing for certain offenses against persons 60 years of age or older. Legislation carried over from 2011.

7.  Person convicted of property theft over $100,000 may not be sentenced to probation. Legislation carried over from 2011.

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). (House Bill 1772 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. (Senate Bill 2247 became law as Act 94 in 2012).

14. Long-arm statute for production of records in other states. (House Bill 1777 became law as Act 325 in 2012).

15. Increases penalties for unauthorized access to computer 1st degree, 2nd degree, and 3rd degree. (Act 1788 became law as Act 293 in 2012).

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

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

18. Appropriation for Family Justice Center.

19.  Involuntary Hospitalization for Sexually Violent Predators. Legislation carried over from 2011.

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. (House Bill 238 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. (House Bill 240 became law as Act 145 in 2011).
4. Promoting Prostitution – Increase penalties. (House Bill 240 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. (House Bill 240 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. (Senate Bill 1068 became law as Act 135 in 2011).
7. Victim notification of defendant’s status.
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. (House Bill 246 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.

I attended Leighton and Cori Hara’s twin sons Cade & Colton’s 1st Birthday party at Fort Shafter on Saturday, December 1, 2012 from 10 A.M. to 2 P.M.

This morning, wednesday, November 28, 2012 from 8:30 A.M. to 12:00 P.M., I was in Honolulu Criminal Court, Courtroom 7D tracking an Assault 3 case because the defendant in that case is a co-defendant for my Assault 3 case that has been continued. The Deputy Prosecuting Attorney calling the calendar for the courtroom and a supervising Deputy Prosecuting Attorney went to trial on a Harassment by Physical Contact case and the witness who had to take the stand had a young baby. When the baby cried, I took her out of the courtroom and rocked her until she was relaxed. Thanks to my baby niece Elyse, I got some practice for this emergency situation. The Deputy Prosecuting Attorney won her first criminal trial today! I was very proud of her!

Last night on Saturday, November 24, 2012, I attended the wedding for Shawn and Sheehan Ueda at Pacific Beach Hotel. Shawn is my second cousin.

I was about to go to trial on an Assault 3 case today, November 21, 2012, but I got the conviction when last minute, defense pled “no contest.” The witnesses and I were pleased with the result.

On the evening of Sunday, November 18, 2012, I had dinner with my mom, dad, and younger sister Lara. After, we video-called my younger sister Mia and baby Elyse who are in San Mateo, California.

I had a good time with members of the 100th Battalion and friends today, November 15, 2012 from 11:30 A.M. to 1:00 P.M. at Club 100. 100th Battalion Veteran Paul Watanabe told me stories of his good friend and battalion colleague, Goro Sumida.

Attached is a short film on Goro Sumida, a 100th Battalion veteran created by my friend Stacey Hayashi. Stacey did a wonderful job on another film on Goro at his funeral on November 12, 2012, 5:30 P.M. at Hosoi Garden Mortuary in Honolulu, Hawaii. Goodbye Goro . . . until I see you again.

I am saddened by the passing of my friend Leighton Goro Sumida, a 100th Battalion veteran of World War II who was known by many as “Goro.” I attended his funeral tonight, November 12, 2012 from 5:30 P.M. at Hosoi Garden Mortuary in Honolulu, Hawaii. Goro was born on March 19, 1920 and died on October 25, 2012 at the age of 92. I was fortunate to have become friends with him in the mid-2000s. I drank with him and the other 100th Battalion veterans at Club 100 and Hanagasa Inn. Goro also invited me to drink with him and his other friends at the Ala Wai Golf Course. I will always cherish the stories he shared with me. He was always laughing, telling jokes, and full of life. With Goro, you just bond with him the moment you meet him. Like many of his family and friends, I will miss him.

100th Battalion Veteran Leighton “Goro” Sumida with Jon Riki Karamatsu on June 6, 2012 at an event at Iolani Palace. Goro signed his picture for Jon in a book on the 100th Battalion.

I attended service for Honolulu Jodo Mission at 10:00 A.M. and chaired the Honolulu Jodo Mission board of directors meeting at 11:45 A.M. on SUnday, November 11, 2012.

I attended the Haleiwa Jodo Mission 100th Anniversary service at the Haleiwa temple on Saturday, November 10, 2012 at 2:00 P.M. and the dinner at Tukiji Restaurant at 5:00 P.M.

I want to thank my former colleague in the Hawaii State House of Representatives, Lieutenant Governor Brian Schatz for taking me out to lunch at Cafe Julia in downtown Honolulu today, November 9, 2012 at 12:00 P.M. I look forward to working with him on future projects.

Hawaii Lieutenant Governor Brian Schatz and Honolulu Deputy Prosecuting Attorney Jon Riki Karamatsu on 11/9/2012.

Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu, head of Ala Kuola, Ed Flores, and Honolulu Deputy Prosecuting Attorney Jon Riki Karamatsu.

On Thursday, November 8, 2012 from 11:30 A.M., I attended the blessing of Ala Kuola in Honolulu that services people who need temporary restraining orders and other services. I am with Honolulu Deputy Prosecuting Attorney Tricia Nakamatsu and Executive Director of Ala Kuola, Ed Flores.

On the evening of Wednesday, October 31, 2012, I attended the Hawaii Farm Bureau Federation Convention reception at Alan Wong’s Restaurant in Ala Moana Shopping Center.

Thank you for your support of Honolulu Prosecuting Attorney Keith M. Kaneshiro. I am pictured with Keith at his headquarters in Honolulu on November 6, 2012, election night. We will do all we can to protect the community from crime.

Honolulu Prosecuting Attorney Keith M. Kaneshiro and Honolulu Deputy Prosecuting Attorney Jon Riki Karamatsu at Kaneshiro’s campaign headquarters on election night, November 6, 2012.

I won a peddling in Waikiki trial, which is a violation on October 31, 2012 in Honolulu District Court. However, I felt bad because I convicted my friend’s friend.

Television commercial for Honolulu Prosecuting Attorney Keith M. Kaneshiro 2012 re-election:

For Honolulu Deputy Prosecuting Attorneys litigating in the district courts, we have hundreds of cases a week that we are either screening to charge, typing complaints, screening to ensure staff subpoenas the necessary witnesses, typing substantive memos in opposition to opposing counsels’ motions, typing technical motions, re-filing due to dismissals by the court, and preparing for trial. In some situations, Honolulu Deputy Prosecuting Attorneys can have up to a 100 cases in a single court hearing. In Honolulu District Criminal Court, we can have up to 30 criminal cases in a court hearing. When we have huge caseloads in a court hearing, we can have many private attorneys coming in with their one or two cases and Public Defender attorneys with their bunch of cases, and we have to be ready to argue all cases against all of the attorneys before the judge. Moreover, a number of district court judges can be temperamental and impatient, especially if we have to go to trial since it is common knowledge that some judges just want to go home as soon as possible. For those judges who are temperamental and impatient, they take their anger out on the Deputy Prosecuting Attorneys since it is the deputy prosecutors who call the cases on the calendar. I think every judge in the district courts should experience calling cases then maybe some of them could hopefully become more humble and abide by the Rules of Judicial Conduct that they are required to uphold. The pressures of being a Deputy Prosecuting Attorney in the district courts is like a right of passage that creates a brotherhood and sisterhood among us prosecutors because we respect the hardship that we all had to endure. I am honored to be a part of this great group of attorneys serving the people of Hawaii.

On Friday, October 12, 2012, Deputy Prosecuting Attorney Allen Yadao and I treated fellow Deputy Prosecuting Attorney Tricia Nakamatsu to a belated birthday dinner ar Town Restaurant in Kaimuki, Hawaii.

On Friday, October 12, 2012, from 2 P.M. to 3:30 P.M., I attended the Veteran’s Court Committee meeting at Judge Kubo’s office in the Circuit Court, Oahu First Circuit.

On Thursday, October 11, 2012, from 7:30 P.M., I attended the “Meet Up! Inaugural University of Hawaii Alumni Mixer” at the M The New Standard in Restaurant Row, Honolulu, Hawaii.

On Wednesday, October 10, 2012, from 11 A.M. to 1 P.M., I attended the Law Enforcement Coalition meeting at the Hawaii State Office Tower.

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.

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.

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.

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.

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!

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

2012 Honolulu Prosecuting Attorney Legislative Package

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

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

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

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

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

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

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

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

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

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

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

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

13. Allows electronic communication service providers to voluntarily disclose electronic communications to governmental agency where an emergency involving danger of death or serious physical injury to any person requires such disclosure without delay. (Became law as Act 94 in 2012).

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

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

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

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

18. Appropriation for Family JusticeCenter.

19.  Involuntary Hospitalization for Sexually Violent Predators.

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

2011 Prosecuting Attorney Legislative Package

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

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

2011 Prosecuting Attorney Legislative Package

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

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

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

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

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

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