Hawaii 2022 Regular Session

Hawaii House Bill HB1462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HOUSE OF REPRESENTATIVES H.B. NO. 1462 THIRTY-FIRST LEGISLATURE, 2022 ~~H.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO WITNESS FEES IN CRIMINAL CASES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	HOUSE OF REPRESENTATIVES H.B. NO. 1462 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT RELATING TO WITNESS FEES IN CRIMINAL CASES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3		HOUSE OF REPRESENTATIVES H.B. NO. 1462
4		-	THIRTY-FIRST LEGISLATURE, 2022 ~~H.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2022
5	5		STATE OF HAWAII
6	6
7	7		HOUSE OF REPRESENTATIVES
8	8
9	9		H.B. NO.
10	10
11	11		1462
12	12
13	13		THIRTY-FIRST LEGISLATURE, 2022
14	14
15		-	~~H.D. 1~~
	15	+
16	16
17	17		STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31		A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37		RELATING TO WITNESS FEES IN CRIMINAL CASES.
38	38
39	39
40	40
41	41
42	42
43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47		-	SECTION 1. Section 621-7, Hawaii Revised Statutes, is amended to read as follows: "§621-7 Fees; criminal cases. (a) [Every] Except as otherwise provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $20 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State. In addition to witness' fees, every witness: (1) Who attends a state court from outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or (2) Who attends a state court from any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the witness is required to stay overnight, the witness shall be entitled to an additional $145 per twenty-four-hour day. These per diem payments shall cover all personal expenses, [such as] including board and lodging, and shall be computed on the basis of quarter day periods of time. (b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees. (c) Every expert witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to reasonable applicable fees associated with the testimony, consultation, and preparation associated with the expert witness' testimony and attendance in court. In addition, every expert witness who attends a state court from: (1) Outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or (2) Any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the expert witness is required to stay overnight, the expert witness shall be entitled to an additional $145 per twenty-four-hour day. Any per diem payment made pursuant to this subsection shall cover all personal expenses, including board and lodging, and shall be computed on the basis of quarter-day periods of time. (d) As used in this section, "expert witness" includes any witness subpoenaed on behalf of the State in a criminal case, or on behalf of a defendant at the expense of the State in a criminal case, who is subpoenaed for the expert witness' specialized knowledge, skill, experience, training, or education to assist a grand jury, trial jury, or judge in understanding the evidence or ~~determining~~ a fact at issue in the case." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect ~~on July 1, 2050~~.
	47	+	SECTION 1. Section 621-7, Hawaii Revised Statutes, is amended to read as follows: "§621-7 Fees; criminal cases. (a) [Every] Except as otherwise provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $20 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State. In addition to witness' fees, every witness: (1) Who attends a state court from outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or (2) Who attends a state court from any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the witness is required to stay overnight, the witness shall be entitled to an additional $145 per twenty-four-hour day. These per diem payments shall cover all personal expenses, [such as] including board and lodging, and shall be computed on the basis of quarter day periods of time. (b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees. (c) Every expert witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to reasonable applicable fees associated with the testimony, consultation, and preparation associated with the expert witness' testimony and attendance in court. In addition, every expert witness who attends a state court from: (1) Outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or (2) Any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the expert witness is required to stay overnight, the expert witness shall be entitled to an additional $145 per twenty-four-hour day. Any per diem payment made pursuant to this subsection shall cover all personal expenses, including board and lodging, and shall be computed on the basis of quarter-day periods of time. (d) As used in this section, "expert witness" includes any witness subpoenaed on behalf of the State in a criminal case, or on behalf of a defendant at the expense of the State in a criminal case, who is subpoenaed for the expert witness' specialized knowledge, skill, experience, training, or education to assist a grand jury, trial jury, or judge in understanding the evidence or determine a fact at issue in the case." 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
48	48
49	49		SECTION 1. Section 621-7, Hawaii Revised Statutes, is amended to read as follows:
50	50
51	51		"§621-7 Fees; criminal cases. (a) [Every] Except as otherwise provided in subsection (c), every witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to $20 for each day's attendance and a reasonable mileage fee to be established pursuant to rules adopted by the judiciary for each mile actually and necessarily traveled on the ground each way, including travel to and from the nearest airport when required to travel from another island or from outside the State.
52	52
53	53		In addition to witness' fees, every witness:
54	54
55	55		(1) Who attends a state court from outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or
56	56
57	57		(2) Who attends a state court from any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the witness is required to stay overnight, the witness shall be entitled to an additional $145 per twenty-four-hour day.
58	58
59	59		These per diem payments shall cover all personal expenses, [such as] including board and lodging, and shall be computed on the basis of quarter day periods of time.
60	60
61	61		(b) Any police officer or other public officer or employee (except the county attorney, prosecuting attorney, or deputy county attorney or deputy prosecuting attorney), who attends a state court as a witness from a district other than that in which the court is holding session, shall be allowed the police officer's, public officer's, or employee's travel cost and mileage fees as provided in this section. A public officer or employee, if not salaried, shall receive witness fees.
62	62
63	63		(c) Every expert witness legally required to attend a state court or grand jury in any criminal case, other than a public officer or employee, shall be entitled to reasonable applicable fees associated with the testimony, consultation, and preparation associated with the expert witness' testimony and attendance in court.
64	64
65	65		In addition, every expert witness who attends a state court from:
66	66
67	67		(1) Outside the State shall be entitled to the actual round-trip cost of plane travel, plus $200 per twenty-four-hour day; or
68	68
69	69		(2) Any island in the State other than that on which the court holds session shall be entitled to the actual round-trip cost of plane travel, plus $55 per twenty-four-hour day; provided that when the expert witness is required to stay overnight, the expert witness shall be entitled to an additional $145 per twenty-four-hour day.
70	70
71	71		Any per diem payment made pursuant to this subsection shall cover all personal expenses, including board and lodging, and shall be computed on the basis of quarter-day periods of time.
72	72
73		-	(d) As used in this section, "expert witness" includes any witness subpoenaed on behalf of the State in a criminal case, or on behalf of a defendant at the expense of the State in a criminal case, who is subpoenaed for the expert witness' specialized knowledge, skill, experience, training, or education to assist a grand jury, trial jury, or judge in understanding the evidence or ~~determining~~ a fact at issue in the case."
	73	+	(d) As used in this section, "expert witness" includes any witness subpoenaed on behalf of the State in a criminal case, or on behalf of a defendant at the expense of the State in a criminal case, who is subpoenaed for the expert witness' specialized knowledge, skill, experience, training, or education to assist a grand jury, trial jury, or judge in understanding the evidence or determine a fact at issue in the case."
74	74
75	75		SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
76	76
77		-	SECTION 3. This Act shall take effect ~~on July 1, 2050~~.
	77	+	SECTION 3. This Act shall take effect upon its approval.
78	78
79	79
80	80
81		-	Report Title: Honolulu Prosecuting Attorney Package; Witness Fees; Reimbursements; Per Diem Payments Description: Clarifies applicable reimbursement to the State or a defendant for expert witness fees, as it pertains to testimony, preparation, and in-court attendance in state court criminal proceedings. Effective 7/1/2050. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	81	+	INTRODUCED BY: _____________________________
	82	+	By Request
	83	+
	84	+	INTRODUCED BY:
	85	+
	86	+	_____________________________
	87	+
	88	+
	89	+
	90	+	By Request
	91	+
	92	+	Report Title: Honolulu Prosecuting Attorney Package; Witness Fees; Reimbursements; Per Diem Payments Description: Clarifies applicable reimbursement to the State or a defendant for expert witness fees, as it pertains to testimony, preparation, and in-court attendance in state court criminal proceedings. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
82	93
83	94
84	95
85	96
86	97
87	98		Report Title:
88	99
89	100		Honolulu Prosecuting Attorney Package; Witness Fees; Reimbursements; Per Diem Payments
90	101
91	102
92	103
93	104		Description:
94	105
95		-	Clarifies applicable reimbursement to the State or a defendant for expert witness fees, as it pertains to testimony, preparation, and in-court attendance in state court criminal proceedings. ~~Effective 7/1/2050. (HD1)~~
	106	+	Clarifies applicable reimbursement to the State or a defendant for expert witness fees, as it pertains to testimony, preparation, and in-court attendance in state court criminal proceedings.
96	107
97	108
98	109
99	110
100	111
101	112
102	113
103	114		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.