Report Title:
Felonies; Prosectution (ConAm)
Description:
Allows for prosecution via information for class C felony crimes. Proposes to amend section 10 of article 10 of the Hawaii Constitution. (SB996 HD1)
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THE SENATE |
S.B. NO. |
996 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AMENDMENTS TO ARTICLE I, SECTION 10, OF THE HAWAII CONSTITUTION.
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 I, section 10, of the Constitution of the State of Hawaii to permit prosecutors and the attorney general to initiate criminal charges for the lowest grade of felony offenses (currently class C felony) by filing a written information signed by the prosecutor or the attorney general setting forth the charge in accordance with procedures and conditions to be provided by the state legislature.
SECTION 2. Article I, section 10, of the Constitution of the State of Hawaii is amended to read as follows:
"INDICTMENT; PRELIMINARY HEARING; INFORMATION;
DOUBLE JEOPARDY; SELF-INCRIMINATION
Section 10. [No] Except in cases arising in the armed forces when in actual service in time of war or public danger, no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law[, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any]; provided that a person may be held to answer for a crime charged in the form of the lowest grade of felony offense upon information in writing signed by a legal prosecuting officer and under conditions and in accordance with procedures as the legislature provides. No person shall be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against oneself."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall prosecuting officers be authorized to initiate criminal charges for the lowest grade of felony offenses through a written information as provided by law?"
SECTION 4. Constitutional material to be repealed is bracketed. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.