197
HOUSE OF REPRESENTATIVES             H.C.R. NO.            
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     HOUSE  CONCURRENT
                        RESOLUTION

  REQUESTING THE AUDITOR TO CONDUCT AN AUDIT OF POTENTIAL COST
    SAVINGS IF DIRECT FILING OF CRIMINAL CHARGES WERE
    INSTITUTED.
 


 1        WHEREAS, the current system of charging criminal
 2   defendants in felony cases requires either preliminary hearings
 3   or grand jury proceedings to determine if there is probable
 4   cause to believe that the defendant has committed an offense;
 5   and
 6   
 7        WHEREAS, the standard for probable cause is when a
 8   reasonable and prudent person, viewing the evidence, would have
 9   a strong suspicion that a crime has been committed; and
10   
11        WHEREAS, several states, including Arkansas, Connecticut,
12   Florida, Indiana, Rhode Island, and Washington, use a system in
13   which the prosecuting authority directly files criminal charges
14   with the court; and
15   
16        WHEREAS, in jurisdictions that permit direct filing of
17   criminal charges, a judge reviews affidavits, sworn under oath,
18   that set forth the circumstances of the alleged offense, to
19   determine if there is probable cause to believe that the
20   defendant has committed an offense; and
21   
22        WHEREAS, in direct filing jurisdictions, the rights of the
23   defendant are adequately protected by judicial review of the
24   affidavits to determine if probable cause exists and by the
25   defendant's ability to challenge the existence of probable
26   cause by moving for a dismissal of the filing; and
27   
28        WHEREAS, use of direct filing of criminal charges would
29   abolish the need for grand jury proceedings or a preliminary
30   hearing; and
31   
32        WHEREAS, abolishment of grand jury proceedings would
33   eliminate the need for:
34   
35        (1)  Empanelment of new grand juries every year;
36   

 
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                                  H.C.R. NO.            
                                                        
                                                        


 1        (2)  Appointment of independent grand jury counsel;
 2   
 3        (3)  Maintenance of a grand jury room and associated
 4             equipment and furnishings;
 5   
 6        (4)  Transcripts of grand jury proceedings;
 7   
 8        (5)  Judiciary staff currently assigned to grand jury
 9             functions;
10   
11        (6)  Prosecutor's staff, such as deputy prosecutors,
12             investigators, paralegals, and clerks assigned to
13             handle grand jury cases; and
14   
15        (7)  Witnesses, including police officers and
16             criminalists, who currently have to testify before
17             the grand jury;
18   
19   and
20   
21        WHEREAS, it appears that abolishment of grand jury
22   proceedings would result in cost savings in witness fees and
23   mileage, grand juror fees, police overtime, and equipment and
24   furnishings; and
25   
26        WHEREAS, abolishment of grand jury proceedings would save
27   civilian witnesses, such as doctors, merchants, and private
28   citizens, the time and expense of having to attend and testify;
29   and
30   
31        WHEREAS, judicial, prosecutorial, and police staff
32   currently needed for grand jury functions could be reassigned
33   to other duties; and
34   
35        WHEREAS, abolishment of preliminary hearings would
36   eliminate the need for:
37   
38        (1)  Judges and judicial staff needed for preliminary
39             hearing functions;
40   
41        (2)  Deputy public defenders and staff, appointed defense
42             counsel, and deputy prosecutors and staff assigned to
43             handle preliminary hearing cases; and
44   

 
 
 
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                                  H.C.R. NO.            
                                                        
                                                        


 1        (3)  Witnesses, including police officers and
 2             criminalists, who currently have to testify at
 3             preliminary hearings;
 4   
 5   and
 6   
 7        WHEREAS, it appears abolishment of preliminary hearings
 8   would result in cost savings in witness fees and mileage,
 9   appointed counsel fees, and police overtime; and
10   
11        WHEREAS, abolishment of preliminary hearings would save
12   civilian witnesses, such as doctors, merchants, and private
13   citizens, the time and expense of having to attend and testify;
14   and
15   
16        WHEREAS, judicial, prosecutorial, police, and public
17   defender staff currently needed for preliminary hearing
18   functions could be reassigned to other duties; and
19   
20        WHEREAS, an audit regarding the total potential cost
21   savings of direct filing of criminal charges would be useful in
22   determining whether such a system should be instituted and
23   whether it would provide a more efficient use of judicial and
24   criminal justice resources; now, therefore,
25   
26        BE IT RESOLVED by the House of Representatives of the
27   Twentieth Legislature of the State of Hawaii, Regular Session
28   of 2000, the Senate concurring, that the Office of the Auditor
29   is requested to conduct an audit to determine what, if any,
30   potential cost savings could be realized by instituting direct
31   filing of criminal charges; and
32   
33        BE IT FURTHER RESOLVED that the Office of the Auditor is
34   requested to consult with the county prosecutors, the county
35   police, the Attorney General, the Office of the Public
36   Defender, the Judiciary, and any other association or group,
37   including but not limited to the Retail Merchants Association,
38   the Hawaii Association of Financial Institutions Security
39   Officers, and the Hawaii Medical Association, regarding any
40   potential savings to these agencies, groups, or their members;
41   and
42   

 
 
 
 
 
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                                  H.C.R. NO.            
                                                        
                                                        


 1        BE IT FURTHER RESOLVED that the Office of the Auditor is
 2   requested to submit a report of its findings and
 3   recommendations to the Legislature no later than twenty days
 4   prior to the convening of the Regular Session of 2001; and
 5   
 6        BE IT FURTHER RESOLVED that certified copies of this
 7   Concurrent Resolution be transmitted to the Auditor, Chief
 8   Justice, the Attorney General, the Public Defender, the
 9   Prosecutor and the Chief of Police for each county, and a
10   representative of the Retail Merchants Association, the Hawaii
11   Association of Financial Institutions Security Officers, and
12   the Hawaii Medical Association.
13 
14 
15 
16                         OFFERED BY:  ____________________________