Hawaii House Bill HB863

Hawaii 2024 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23

Caption

Relating To Initiation Of Prosecution.

Impact

If enacted, HB 863 will amend Section 801-1 of the Hawaii Revised Statutes, establishing clearer guidelines on the prosecution of felony offenses. Notably, the bill stipulates that if a grand jury investigation does not result in a true bill, prosecutors cannot pursue alternative charges unless they either bring charges that are identical to the prior attempt with new evidence or reduce the severity of the charges sought. This limitation is aimed at preventing perceived harassment of defendants by repeated prosecutorial efforts and ensures that the integrity of the grand jury's decision is respected.

Summary

House Bill 863 aims to reform the process of initiating criminal prosecution in Hawaii by introducing restrictions on how prosecutors can pursue charges after a grand jury has declined to issue an indictment. The statute specifically addresses concerns around the abuse of prosecutorial discretion by preventing multiple attempts to charge a person for the same incident through various methods unless specific conditions are met. This bill seeks to ensure fairness in the criminal justice system by limiting the circumstances under which subsequent prosecutions can occur after a failure to obtain an indictment.

Contention

The bill's provisions may lead to significant debate within the legislature, particularly among those who feel strongly about the balance between public safety and defendants' rights. Proponents of the bill argue it upholds the principle of legal fairness, protecting individuals from potential prosecutorial overreach. However, critics may perceive the provisions as potentially hampering the ability of the legal system to address serious crimes effectively, raising concerns over whether the bill could inadvertently facilitate the evasion of justice in cases where a grand jury is initially hesitant to indict.