HB1335

SECTION 1. The purpose of this Act is to address overcrowding in state correctional facilities and reduce the unnecessary pretrial detention of certain alleged offenders by:

(1) Providing that after making an arrest, a police officer may issue to the arrestee an appearance ticket that states the date and time of the initial court appearance, and thereafter release the arrestee from custody; and

(2) Broadening the range of offenses for which a police officer may issue a citation in lieu of making an arrest, provided that certain conditions are met.

SECTION 2. Chapter 804, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§804- Appearance ticket; issuance; contents; exceptions; failure to appear. (a) Except as provided in subsection (c), if a police officer has arrested a person without a warrant for a felony, misdemeanor, petty misdemeanor, or violation, the officer may issue to and serve upon the person an appearance ticket and release the person from custody; provided that the date and time of the person's initial court appearance has already been set. An appearance ticket issued under this section shall be forwarded without delay to the court and to the appropriate county prosecuting attorney for immediate review. As used in this section, "appearance ticket" means a written notice issued and subscribed by a police officer that directs the named person to appear in a specified court at a specified future date and time, in connection with the named person's alleged commission of the offense stated on the appearance ticket, in violation of state law or county ordinance.

(b) All appearance tickets issued under this section shall:

(1) Be numbered consecutively for tracking purposes;

(2) Provide a space for the named person's mobile telephone number and electronic mail address, if applicable;

(3) Provide a space for written acknowledgement of receipt by the named person;

(4) Be in a form required by the attorney general, the judiciary's administrative director of the courts, and the director of law enforcement; and

(5) Consist of the following parts:

(A) The original notice to appear that was issued by the police officer, which shall be filed with the court;

(B) The first copy, which shall be the abstract of court record;

(D) The third copy, which shall be issued to the named person.

(c) An appearance ticket shall not be issued, and the person shall remain in custody unless bail or bond is posted or release is granted by the court, in a case involving any of the following offenses:

(1) A "serious crime" as defined in section 804-3(a);

(2) Abuse of a family or household member under section 709-906;

(3) Violation of a domestic abuse protective order issued pursuant to chapter 586, or of a temporary restraining order or injunction against harassment issued pursuant to section 604-10.5;

(4) Operating a vehicle under the influence of an intoxicant under section 291E-61, habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5, or operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant under section 291E-62;

(5) An offense involving physical assault or sexual assault; or

(6) An offense for which the penalty requires a mandatory term of imprisonment.

(d) If the person named on the appearance ticket fails to appear in court at the scheduled date and time, or if the court has reasonable cause to believe that the named person will not appear, a warrant for the named person's arrest may be issued. A knowing failure to appear as required by the appearance ticket may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days, or both."

SECTION 3. Section 803-6, Hawaii Revised Statutes, is amended to read as follows:

"§803-6 Arrest, how made[.]; citation in lieu of arrest; exceptions; failure to appear. (a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. This done, the arrest is complete[.]; provided that a person who has made an arrest pursuant to this subsection may, but need not, issue the arrestee an appearance ticket under section 804- that states the date and time of the initial court appearance, and thereafter release the arrestee from custody.

(b) In any case in which it is lawful for a police officer to arrest a person without a warrant for a felony, misdemeanor, petty misdemeanor, or violation, except when the case involves an offense described in subsection (f), the police officer may, but need not, issue a citation in lieu of [~~the requirements of~~] making an arrest under [[]subsection[]] (a), if the police officer finds and is reasonably satisfied that the [~~person~~]:

(1) [~~Will~~] Person will appear in court at the time designated;

(2) [~~Has~~] Person has no outstanding arrest warrants [~~which~~] that would justify the person's detention or give indication that the person might fail to appear in court; and

(3) [~~That the offense~~] Offense is of [~~such~~] a nature that there will be no further police contact on or about the date in question, or in the immediate future.

(1) The name and current address of the offender;

(2) The last four digits of the offender's social security number;

(3) A description of the offender;

(4) The nature of the offense;

(5) The time and date of the offense;

(6) A notice of time and date for court appearance;

(7) The signature and badge number of the officer;

(8) The signature of the offender agreeing to court appearance;

(9) Any remarks; and

(10) A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both.

(d) Where a citation has been issued in lieu of [~~the requirements of~~] making an arrest under subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

(1) Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

(2) By declaration in accordance with the rules of court.

(e) If a person fails to appear in answer to the citation; or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued. A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days, or both.

(f) A case involving any of the following offenses shall not be eligible for the issuance of a citation in lieu of arrest pursuant to subsection (b):

(1) A "serious crime" as defined in section 804-3(a);

(2) Abuse of a family or household member under section 709-906;

(3) Violation of a domestic abuse protective order issued pursuant to chapter 586, or of a temporary restraining order or injunction against harassment issued pursuant to section 604-10.5;

(5) An offense involving physical assault or sexual assault; or

(6) An offense for which the penalty requires a mandatory term of imprisonment."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2024.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1335
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII