THE SENATE S.R. NO. 183 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII SENATE RESOLUTION requesting the judiciary to urge COURTS to prioritize victim AND WITNESS rights to speedy trials.
THE SENATE S.R. NO. 183
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.R. NO.
183
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
SENATE RESOLUTION
requesting the judiciary to urge COURTS to prioritize victim AND WITNESS rights to speedy trials.
WHEREAS, victims of sexual offenses may endure harmful effects from court proceedings that require victims to relive their trauma, including depression, emotional distress, and post-traumatic stress disorder (PTSD); and WHEREAS, young victims are particularly vulnerable to developing disorders as a result of participating in court proceedings; and WHEREAS, to address these effects, many states have passed "speedy trial" statutes to minimize the length of the proceedings; and WHEREAS, Hawaii remains one of the few states that lack a "speedy trial" statute for victims; and WHEREAS, the Family Court, District Court and Circuit Court have discretion in considering a motion to postpone or continue a proceeding; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Judiciary is requested to urge the Family Court, District Court, and Circuit Court to prioritize victim and witness rights to speedy trials, including consideration of any substantial adverse impact that postponement poses to a victim or witness, in the consideration of a motion to postpone or continue a proceeding involving offenses charged under part V of chapter 707, Hawaii Revised Statutes; and BE IT FURTHER RESOLVED that the Judiciary is requested to urge the Circuit Court to minimize a minor's involvement in a proceeding for a criminal offense against a minor or any other criminal proceeding involving a minor victim or minor witness of any physical abuse. In deciding whether to grant a continuance, the Judiciary is requested to urge the court to take into consideration the age of the minor and the potential adverse impact that the delay may have on the minor's well-being, to allow no more than three continuances by either party, unless good cause is shown, and to commence a trial within twelve months of the charge or indictment, unless good cause is shown; and BE IT FURTHER RESOLVED that certified a copy of this Resolution be transmitted to the Judiciary. OFFERED BY: _____________________________ Report Title: Judiciary; Victims; Witnesses; Right to Speedy Trial
WHEREAS, victims of sexual offenses may endure harmful effects from court proceedings that require victims to relive their trauma, including depression, emotional distress, and post-traumatic stress disorder (PTSD); and
WHEREAS, young victims are particularly vulnerable to developing disorders as a result of participating in court proceedings; and
WHEREAS, to address these effects, many states have passed "speedy trial" statutes to minimize the length of the proceedings; and
WHEREAS, Hawaii remains one of the few states that lack a "speedy trial" statute for victims; and
WHEREAS, the Family Court, District Court and Circuit Court have discretion in considering a motion to postpone or continue a proceeding; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Judiciary is requested to urge the Family Court, District Court, and Circuit Court to prioritize victim and witness rights to speedy trials, including consideration of any substantial adverse impact that postponement poses to a victim or witness, in the consideration of a motion to postpone or continue a proceeding involving offenses charged under part V of chapter 707, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the Judiciary is requested to urge the Circuit Court to minimize a minor's involvement in a proceeding for a criminal offense against a minor or any other criminal proceeding involving a minor victim or minor witness of any physical abuse. In deciding whether to grant a continuance, the Judiciary is requested to urge the court to take into consideration the age of the minor and the potential adverse impact that the delay may have on the minor's well-being, to allow no more than three continuances by either party, unless good cause is shown, and to commence a trial within twelve months of the charge or indictment, unless good cause is shown; and
BE IT FURTHER RESOLVED that certified a copy of this Resolution be transmitted to the Judiciary.
OFFERED BY: _____________________________
OFFERED BY:
_____________________________
Report Title:
Judiciary; Victims; Witnesses; Right to Speedy Trial