HB1956

Report Title:

Legislative Privilege

Description:

Amends the Hawaii constitution to repeal the provision that exempts legislators from arrest in all cases, except for felony or breach of the peace, during their attendance at the sessions of their respective houses, and in going to and returning from the sessions.

HOUSE OF REPRESENTATIVES	H.B. NO.	1956
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7, OF THE HAWAII CONSTITUTION, TO REPEAL A PROVISION RELATING TO LEGISLATIVE PRIVILEGE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to propose an amendment to article III, section 7, of the Constitution of the State of Hawaii to repeal a provision that exempts legislators from arrest in all cases except for felony or breach of the peace while in attendance at the sessions of their respective houses, or in going to or returning from session.

SECTION 2. Article III, section 7, of the Constitution of the State of Hawaii is amended to read as follows:

"PRIVILEGES OF MEMBERS

Section 7. No member of the legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of the member's legislative functions[; and members of the legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same]."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall the provision that exempts legislators from arrest in all cases, except for felony or breach of the peace, during their attendance at the sessions of their respective houses, and in going to and returning from the sessions, be repealed?"

SECTION 4. Constitutional material to be repealed is bracketed and stricken.

SECTION 5. This amendment shall take effect upon compliance with Article XVII, section 3, of the Constitution of the State of Hawaii.

INTRODUCED BY:	_____________________________