SB2852

Report Title:

Examination After Arrest

Description:

Eliminates the rule that mandates suppression of statements made by a defendant if the police do not make reasonable efforts to contact an attorney on defendant's behalf, even if a defendant's request is ambiguous and is later repudiated.

THE SENATE	S.B. NO.	2852
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO EXAMINATION AFTER ARREST.

 

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

SECTION 1. Section 803-9, Hawaii Revised Statutes, is amended to read as follows:

"§803-9 Examination after arrest; rights of arrested person. It shall be unlawful in any case of arrest for examination:

(1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or a member of the arrested person's family;

[(2) To unreasonably refuse or fail to make a reasonable effort, where the arrested person so requests and prepays the cost of the message, to send a telephone, cable, or wireless message through a police officer or another than the arrested person to the counsel or member of the arrested person's family;

(3)] (2) To deny to counsel (whether retained by the arrested person or a member of the arrested person's family) or to a member of the arrested person's family the right to see or otherwise communicate with the arrested person at the place of the arrested person's detention (A) at any time for a reasonable period for the first time after the arrest, and (B) thereafter at reasonable intervals and for a reasonable time;

[(4)] (3) In case the person arrested has requested that the person see an attorney or member of the person's family, to examine the person before the person has had a fair opportunity to see and consult with the attorney or member of the person's family;

[(5)] (4) To fail within forty-eight hours of the arrest of a person on suspicion of having committed a crime either to release or to charge the arrested person with a crime and take the arrested person before a qualified magistrate for examination."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST