Hawaii Statutes

TITLE 38 - PROCEDURAL AND SUPPLEMENTARY PROVISIONS  

HRS0807
CHAPTER 801 - RIGHTS OF ACCUSED
- §801-1 - Indictment or information.
- §801-2 - Witnesses; defense.
- §801-3 - Jury list, witnesses.
- §801-4 - Fees not payable by defendant.
- §801-5 - REPEALED.
CHAPTER 801D - RIGHTS OF VICTIMS AND WITNESSES IN CRIMINAL PROCEEDINGS
- §801D-1 - Legislative intent.
- §801D-2 - Definitions.
- §801D-3 - Eligibility of victims.
- §801D-4 - Basic bill of rights for victims and witnesses.
- §801D-5 - Responsibility for rights and services.
- §801D-6 - Intergovernmental cooperation.
- §801D-7 - Televised testimony.
CHAPTER 802 - COUNSEL AND OTHER SERVICES FOR INDIGENT CRIMINAL DEFENDANTS
- §802-1 - Right to representation by public defender or other appointed counsel.
- §802-2 - Notification of right to representation.
- §802-3 - Request for appointment of counsel.
- §802-4 - Determination of indigency.
- §802-5 - Appointment of counsel; compensation.
- §802-6 - Subsequent ability to pay counsel.
- §802-7 - Litigation expenses.
- §802-8 - Office of the state public defender.
- §802-9 - Defender council.
- §802-10 - REPEALED.
- §802-11 - Appointment of state public defender.
- §802 12 - Organization of office; assistance.
CHAPTER 802E - COURT ADVISEMENT OF ALIENS ENTERING GUILTY PLEA
- §802E-1 - Legislative findings and intent.
- §802E-3 - mandates that the trial court either advise the defendant as required by this section or "vacate the judgment and permit the defendant to withdraw the plea of nolo contendere and enter
- §802E-3 - Failure to advise; vacation of judgment.
CHAPTER 803 - ARRESTS, SEARCH WARRANTS
- §803-1 - Arrest; by warrant.
- §803-2 - By oral order.
- §803-3 - By person present.
- §803-4 - On suspicion.
- §803-5 - By police officer without warrant.
- §803-6 - Arrest, how made.
- §803-7 - Use of force.
- §803-8 - Weapons on person arrested.
- §803-9 - Examination after arrest; rights of arrested person.
- §803-10 - Penalty.
- §803-11 - Entering house to arrest.
- §803-16 - Officer of United States Customs and Border Protection Service or Citizenship and Immigration Services; arrest powers.
- §803-17 - United States marshal or deputy United States marshal; arrest powers.
- §803-21 - Fugitive criminal; surrender by master of vessel.
- §803-22 - Secreting prisoners on board; penalty.
- §803-23 - Searching vessels without warrant; penalty.
- §803-24 - War vessels excepted.
- §803-31 - Search warrant; defined.
- §803-32 - Purposes.
- §803-33 - Affidavit.
- §803-34 - Contents.
- §803-35 - Deputies may serve.
- §803-36 - Notice to applicant.
- §803-37 - Power of officer serving.
- §803-38 - Munitions of war.
- §803-41 - Definitions.
- §803-42 - Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited.
- §803-43 - Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.
- §803-44.5 - Application for a pen register or a trap and trace device.
- §803-44.6 - Issuance of an order for a pen register or a trap and trace device.
- §803-44.7 - Application for authorization to install and use a mobile tracking device.
- §803-44 - Application for court order to intercept wire, oral, or electronic communications.
- §803-45 - Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
- §803-46 - Procedure for interception of wire, oral, or electronic communication.
- §803-47.5 - Disclosure of contents of communication while in electronic storage.
- §803-47.6 - Requirements for governmental access.
- §803-47.7 - Backup preservation.
- §803-47.8 - Delay of notification.
- §803-47.9 - Cost reimbursement.
- §803-47 - Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices.
- §803-48.5 - Injunction against illegal interception.
- §803-48 - Recovery of civil damages authorized.
- §803-49 - Severability.
- §803-50 - REPEALED.
CHAPTER 804 - BAIL; BOND TO KEEP THE PEACE
- §804-1 - Bail defined.
- §804-2 - Unclaimed bail money.
- §804-3 - Bailable offenses.
- §804-4 - When a matter of right.
- §804-5 - By whom allowed.
- §804-6 - Bail bond after conviction.
- §804-7.1 - Conditions of release on bail, recognizance, or supervised release.
- §804-7.2 - Violations of conditions of release on bail, recognizance, or supervised release.
- §804-7.3 - Sanctions for violation of conditions of release on bail, recognizance, or supervised release.
- §804-7.4 - General conditions of release on bail.
- §804-7 - Release after bail.
- §804-8 - No bail where wounding may terminate in death.
- §804-5 - provides chief of police or designee with independent authority and discretion to admit persons charged with misdemeanor offenses to bail in accordance with this section, senior judge of fami
- §804-10.5 - Sureties; qualification.
- §804-10 - REPEALED.
- §804-11.5 - Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail.
- §804-11 - One surety sufficient; when.
- §804-12 - Bond for minor.
- §804-13 - Insufficient bail.
- §804-14 - Discharge of sureties.
- §804-15 - Recognizance.
- §804-16 - Bail bond, etc.
- §804-17 - Prompt appearance and response; default.
- §804-18 - Witness, summary process for.
- §804-19 - Times for appearance.
- §804-31 - Offense against complainant, arrest.
- §804-32 - Bond pending trial and upon appeal.
- §804-33 - Trial; bond protecting complainant.
- §804-34 - Bond not executed.
- §804-35 - Bond protecting others.
- §804-36 - Term and renewal of bond.
- §804-37 - Offense in presence of district judge.
- §804-38 - Offense against other than complainant; arrest.
- §804-39 - Bond in addition to conviction.
- §804-40 - Suit on bond.
- §26-14.6 - .
- §804-51 - Procedure.
- §804-61 - REPEALED.
- §804-62 - Limit of compensation; penalty.
CHAPTER 805 - CRIMINAL PROCEDURE: DISTRICT COURTS
- §805-1 - Complaint; form of warrant.
- §805-2 - Copy of complaint.
- §805-3 - Summons in what cases.
- §805-4 - Service of summons.
- §805-5 - Warrant after summons issued.
- §805-6 - Arraignment.
- §805-7 - Commitment; form of mittimus.
- §805-8 - Notice to county attorney or prosecuting attorney.
- §805-9 - Procedure against corporations; summons, issuance.
- §805-10 - Same; summons, service.
- §805-11 - Same; trial.
- §805-12 - Unclaimed articles used as evidence, disposition of.
- §805-13 - Motor vehicle insurance violation.
CHAPTER 806 - CRIMINAL PROCEDURE: CIRCUIT COURTS
- §806-1 - Definitions.
- §806-2 - Inapplicable to district courts.
- §806-6 - Use of; furnishing of copy.
- §806-7 - Preparation of indictment, complaint, or information; true bill by grand jury.
- §806-8 - Prosecution where indictment not essential.
- §806-9 - Information, laws applicable.
- §806-10 - Form.
- §806-11 - Disposal of firearms.
- §806-16 - Venue; how stated.
- §806-17 - Circuits constitute district for criminal trial by jury.
- §806-18 - Change of venue.
- §806-21 - Joinder of defendants; accessories, receivers.
- §806-22 - Joinder of charges against defendant.
- §806-23 - Misjoinder.
- §806-26 - Meaning of words and phrases.
- §806-27 - Indictment; defects and omissions.
- §806-28 - Characterization of the act.
- §806-29 - Exceptions need not be negatived.
- §806-30 - Alternative allegations.
- §806-31 - Indirect allegations.
- §806-32 - Repugnancy.
- §806-33 - Surplusage.
- §806-34 - Sufficiency of averments as to offense and transaction.
- §806-35 - Property owned by more than one.
- §806-36 - Property owned by corporation.
- §806-37 - Money, etc.
- §806-38 - Instrument, how described.
- §806-39 - Same.
- §806-40 - Document of title.
- §806-41 - Ownership, not necessary to allege when.
- §806-42 - Second offense.
- §806-46 - Objections to indictment.
- §806-47 - Bill of particulars.
- §806-48 - Postponement.
- §806-49 - Arraignment; plea of not guilty.
- §806-50 - Standing mute.
- §806-51 - Plea of autrefois convict or acquit.
- §806-56 - Nolle prosequi.
- §806-60 - Jury of twelve required.
- §806-61 - Waiver of jury.
- §806-62 - Trial; order of proof and argument.
- §806-63 - Defense.
- §806-64 - REPEALED.
- §806-65 - Depositions, right to inspect.
- §806-66 - REPEALED.
- §806-71 - Sentence.
- §806-72 - Probation officers.
- §806-73 - Duties and powers of probation officers; adult probation records.
- §806-76 - Court proceedings; reports to county clerk.
- §806-81 - Definitions.
- §806-82 - Prosecution of felonies by written information.
- §806-83 - Felonies for which criminal charges may be instituted by written information.
- §806-84 - Exhibits.
- §806-85 - Probable cause.
- §806-86 - Procedure for motion to dismiss.
- §806-87 - Evidence at hearing on motion to dismiss.
- §806-88 - Ruling on motion to dismiss.
CHAPTER 831 - UNIFORM ACT ON STATUS OF CONVICTED PERSONS
- §831-1 - Definition.
- §831-2 - Rights lost.
- §831-3.1 - Prior convictions; criminal records; noncriminal standards.
- §831-3.2 - Expungement orders.
- §831-3 - Rights retained by convicted person.
- §831-4 - Saving provisions.
- §831-5 - Certificate of discharge.
- §831-6 - Uniformity of interpretation.
- §831-7 - Short title.
CHAPTER 832 - UNIFORM CRIMINAL EXTRADITION ACT
- §832-1 - Definitions.
- §832-2 - Fugitives from justice; duty of governor.
- §832-3 - Form of demand.
- §832-4 - Governor may investigate case.
- §832-5 - Extradition of persons imprisoned or awaiting trial in any state or who have left the demanding state under compulsion.
- §832-6 - Extradition of persons not present in demanding state at time of commission of crime.
- §832-7 - Issue of governor's warrant of arrest; its recitals.
- §832-8 - Manner and place of execution.
- §832-9 - Authority of arresting officer.
- §832-10 - Rights of accused person; application for writ of habeas corpus.
- §832-11 - Penalty.
- §832-12 - Confinement in jail when necessary.
- §832-13 - Arrest prior to requisition.
- §832-14 - Arrest without a warrant.
- §832-15 - Commitment to await requisition; bail.
- §832-16 - Bail; in what cases; conditions of bond.
- §832-17 - Extension of time of commitment; adjournment.
- §832-18 - Forfeiture of bail.
- §832-19 - Persons under criminal prosecution in this State at time of requisition.
- §832-20 - Guilt or innocence of accused, when inquired into.
- §832-21 - Governor may recall warrant or issue alias.
- §832-22 - Fugitives from this State; duty of governor.
- §832-23 - Application for issuance of requisition; by whom made; contents.
- §832-24 - Immunity from service of process in certain civil actions.
- §832-25 - Written waiver of extradition proceedings.
- §832-26 - Nonwaiver by this State.
- §832-27 - No right of asylum; no immunity from other criminal prosecutions while in this State.
CHAPTER 833 - UNIFORM RENDITION OF ACCUSED PERSONS ACT
- §833-1 - Arrest of accused person illegally in State.
- §833-2 - Hearing and right to counsel.
- §833-3 - Order of return to demanding court.
- §833-4 - Costs and attorney fees.
- §833-5 - Uniformity of interpretation.
- §833-6 - Short title.
CHAPTER 834 - AGREEMENT ON DETAINERS
- §834-1 - Agreement adopted.
- §834-2 - Definition.
- §834-3 - Cooperation by agencies.
- §834-4 - Escape.
- §834-5 - Release of inmate.
- §834-6 - Administrator.
CHAPTER 835 - SECURING ATTENDANCE OF WITNESS BY MATERIAL WITNESS ORDER
- §835-1 - Material witness order; defined.
- §835-2 - Material witness order; when authorized; by what courts issuable; duration thereof.
- §835-3 - Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness.
- §835-4 - Material witness order; arraignment.
- §835-5 - Material witness order; hearing, determination and execution of order.
- §835-6 - Material witness order; vacation, modification and amendment thereof.
- §835-7 - Material witness order; compelling attendance of witness who fails to appear.
- §835-8 - Material witness order; witness fee.
CHAPTER 836 - UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT A STATE IN CRIMINAL PROCEEDINGS
- §836-1 - Definitions.
- §836-2 - Summoning witness in this State to testify in another state.
- §836-3 - Witness from another state summoned to testify in this State.
- §836-4 - Exemption from arrest and service of process.
- §836-5 - Uniformity of interpretation.
- §836-6 - Short title.
CHAPTER 841 - INQUESTS, CORONERS
- §841-1 - Who are coroners.
- §841-2 - Appointment of deputies.
- §841-3 - Duties.
- §841-4 - Testimony under oath reduced to writing.
- §841-5 - Form of oath.
- §841-6 - Subpoenas; penalty for failure to comply.
- §841-7 - Reports of investigation.
- §841-8 - Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body.
- §841-9 - Fees.
- §841-10 - Decent burial.
- §841-11 - Witness fees and mileage; expenses.
- §841-12 - Removal of corpse.
- §841-13 - Disposition of personal effects.
- §841-14.5 - Performance of autopsy by pathologist.
- §841-14.6 - Assistance among counties.
- §841-14 - Autopsies and further investigations.
- §841-15 - Notice to next of kin, expense.
- §841-16 - Disposal of decomposed remains.
- §841-17 - Hospital records.
- §841-18 - Coroner's physician; laboratory facilities.
- §841-19 - Notification of this chapter.
CHAPTER 842 - ORGANIZED CRIME
- §842-1 - Definitions.
- §842-2 - Ownership or operation of business by certain persons prohibited.
- §842-3 - Penalty; forfeiture of property.
- §842-4 - Prohibited affirmative defense.
- §842-5 - Forfeiture of corporate charters and cancellation of registrations and licenses.
- §842-6 - Enjoining other business operations.
- §842-7 - Commencement and conduct of proceedings under sections 842-5 and 842-6.
- §842-8 - Civil remedies.
- §842-9 - Evidence.
- §842-10 - Civil investigative demand.
- §842-11 - Failure to report income; penalty.
- §842-12 - Inspection of tax records by chiefs of police.
CHAPTER 843 - HAWAII CRIMINAL JUSTICE COMMISSION
CHAPTER 844 - STATE LAW ENFORCEMENT PLANNING AGENCY
CHAPTER 844D - FORENSIC IDENTIFICATION
- §844D-1 - Definitions.
- §844D-2 - Administration.
- §844D-21 - Collection of specimens, samples, and print impressions at correctional facility or other detention facility.
- §844D-22 - Analysis and examination of specimens for identification purposes.
- §844D-23 - Repository of samples and records.
- §844D-31 - Offenders subject to collection.
- §844D-32 - Application to all qualifying persons.
- §844D-33 - Notification by prosecutor and inquiry by court.
- §844D-34 - Collection from persons confined or in custody after conviction or adjudication.
- §844D-35 - Collection from persons on probation, parole, or other release.
- §844D-36 - Collection from parole violators and others returned to custody.
- §844D-37 - Collection from persons accepted into Hawaii from other jurisdictions.
- §844D-38 - Collection of replacement specimen found spoiled or unusable.
- §844D-39 - Collection of specimen from sex offense registrants.
- §844D-40 - Collection of specimens from persons required to register under chapter 846E who have not yet provided samples.
- §844D-41 - Retroactive application.
- §844D-51 - Analysis of crime scene samples.
- §844D-52 - Anonymous analysis of specimens and samples.
- §844D-53 - Analysis of forensic identification profiles.
- §844D-54 - Laboratories contributing DNA profiles to be accredited.
- §844D-55 - Other law enforcement DNA laboratories.
- §844D-56 - Limitations not cause for dismissal.
- §844D-57 - No invalidation based on erroneous placement or retention of specimens, samples, or print impressions.
- §844D-61 - Blood specimens, buccal swab samples, and print impressions shall be forwarded promptly to the department.
- §844D-62 - Procedures for the collection and forwarding of samples.
- §844D-63 - Limitations on civil and criminal liability.
- §844D-64 - Processing of offender specimens.
- §844D-71 - Expungement of DNA information from state DNA database and data bank identification program.
- §844D-72 - Destruction of samples and expungement of searchable DNA database profile.
- §844D-73 - No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions.
- §844D-74 - Not a basis for invalidation of identification or suppression of identification evidence.
- §844D-81 - Exemption of specimen from disclosure.
- §844D-82 - Confidentiality.
- §844D-83 - Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.
- §844D-84 - When disclosure is not a violation.
- §844D-85 - Confidentiality of computer software and database structures.
- §844D-91 - Department permitted to share data, information, and samples.
- §844D-92 - Local DNA laboratories.
- §844D-93 - Disposal of unused and expired specimens.
- §844D-101 - Law enforcement officer powers under other laws not affected.
- §844D-102 - Authority under other laws not affected.
- §844D-111 - Refusal or failure to provide specimen for forensic identification.
- §844D-112 - Fraudulent use or manipulation of biometric sample or information.
- §844D-113 - Unauthorized disclosure of DNA sample or profile.
- §844D-114 - Use of DNA sample or profile for financial gain.
- §844D-121 - Petition for post-conviction DNA testing.
- §844D-122 - Proceedings.
- §844D-123 - Order for post-conviction DNA testing.
- §844D-124 - Counsel.
- §844D-125 - Discovery.
- §844D-126 - Retention of biological evidence.
- §844D-127 - Choice of laboratory.
- §844D-128 - Payment.
- §844D-129 - Appeal.
- §844D-130 - Successive motions.
- §844D-131 - Additional orders.
- §844D-132 - Procedure after testing results are obtained.
- §844D-133 - Consent.
CHAPTER 845 - CAREER CRIMINALS
- §845-1 - Findings and purpose.
- §845-2 - Career criminal prosecution program.
- §845-3 - Persons subject to career criminal prosecution efforts.
CHAPTER 846 - HAWAII CRIMINAL JUSTICE DATA CENTER; CIVIL IDENTIFICATION
- §846-1.5 - REPEALED.
- §846-1 - Definitions.
- §846-2.5 - Purpose of the criminal justice data center.
- §846-2.6 - Computerized fingerprint identification system.
- §846-2.7 - Criminal history record checks.
- §846-2 - Establishment of the Hawaii criminal justice data center.
- §846-3 - Reporting to data center.
- §846-4 - Query of data center.
- §846-5 - Reporting of dispositions.
- §846-6 - Systematic audit.
- §846-7 - Security.
- §846-8 - Exclusions.
- §846-9 - Limitations on dissemination.
- §846 10 - .5 Fees.
- §846-10.6 - Criminal history record improvement revolving fund; established.
- §846-10 - Dissemination.
- §846-11 - Coordination with department of public safety.
- §846-12 - Juvenile records.
- §846-13 - Annual audits.
- §846-14 - Access and review.
- §846-15 - Rules and regulations.
- §846-16 - Violations.
- §846-17 - Administration of National Crime Prevention and Privacy Compact.
- §846-21 - Authority of attorney general.
- §846-22 - Oaths and investigations.
- §846-23 - Rules.
- §846-24 - Powers and functions.
- §846-25 , 26 - REPEALED.
- §846-27 - Registration and issuance of certificates; fee; revolving fund.
- §846-28 - Information to be secured.
- §846-29 - Procedure.
- §846-30.5 - Expiration date.
- §846-30 - Identification certificates; form.
- §846-31 - Identification certificates not to be altered; duties of holder; lost certificates.
- §846-32 - Correction or alteration of records and certificates in cases of error or subsequent changes concerning names, citizenship, description, etc.
- §846-33 - REPEALED.
- §846-34 - Forms.
- §846-35 - Custody and use of records; information confidential.
- §846-36 - Violations; penalties.
- §846-37 - Disposition of income.
- §846-38 - REPEALED.
- §846-41 to 45 - REPEALED.
- §846-51 - Definitions.
- §846-52 - Responsibility for system.
- §846-53 - Responsibility of agencies.
- §846-54 - Annual reports.
CHAPTER 846C - NATIONAL CRIME PREVENTION AND PRIVACY COMPACT
- §846C-1 - Compact.
CHAPTER 846D - JUVENILE JUSTICE INFORMATION SYSTEM
- §846D-1 - Responsibility for system.
- §846D-2 - Juvenile justice information committee.
- §846D-3 - Responsibility of agencies.
- §846D-4 - Limitations on dissemination.
- §846D-5 - Responsibility of agencies.
- §846D-6 - Additional dissemination.
- §846D-7 - Penalty.
CHAPTER 846E - REGISTRATION OF SEX OFFENDERS AND OTHER COVERED OFFENDERS AND PUBLIC ACCESS TO REGISTRATION INFORMATION
- §846E-1 - Definitions.
- §846E-2 - Registration requirements.
- §846E-3 - Access to registration information.
- §846E-4 - Duties upon discharge, parole, or release of covered offender.
- §846E-5 - Periodic verification of registration information.
- §846E-6 - Requirement to register a change of registration information; verification by the attorney general.
- §846E-7 - Notification by the attorney general of changes in registration information.
- §846E-8 - Good faith immunity.
- §846E-9 - Failure to comply with covered offender registration requirements.
- §846E-10 - Termination of registration requirements.
- §846E-11 - REPEALED.
- §846E-12 - Tolling.
- §846E-13 - REPEALED.
CHAPTER 851 - CREDIT CARD OFFENSES
CHAPTER 852 - OBSTRUCTION OF INGRESS OR EGRESS
- §852-1 - Refusal to provide ingress or egress.
- §852-2 - Penalty.
CHAPTER 853 - CRIMINAL PROCEDURE: DEFERRED ACCEPTANCE OF GUILTY PLEA, NOLO CONTENDERE PLEA
- §853-1 - Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records.
- §853-2 - Plea of guilty or nolo contendere; procedure.
- §853-3 - Violation of terms and conditions during deferment; result.
- §853-4 - Chapter not applicable; when.