Title 10, Public Safety And Internal Security

[§124B-64] Sessions. (a) At any time after the service of charges have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 124B-55, call the court into session without the presence of the members for the …

[§124B-65] Continuances. The military judge or a summary court-martial may for reasonable cause grant a continuance to any party for such time and as often as appears to be just. [L 2022, c 286, pt of §2]

[§124B-66] Challenges. (a) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not…

[§124B-67] Oaths or affirmations. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take…

[§124B-68] Statute of limitations. (a) A person charged with desertion or absence without leave in time of war, aiding the enemy, or mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged with desertion …

[§124B-69] Former jeopardy. (a) No person shall without the person's consent be tried a second time in any military court of the State for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a …

[§124B-7] Rights of the victim of an offense under this chapter. A victim of an offense under this chapter shall retain all rights conferred under chapter 801D. Nothing in this chapter shall limit the rights of a victim of sexual assault that qualifies for representation by a spe…

[§124B-70] Pleas of the accused. (a) A plea of not guilty shall be entered in the record, and the court shall proceed as though an accused had pleaded not guilty if: (b) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepte…

[§124B-71] Opportunity to obtain witnesses and other evidence. (a) In a case referred for trial by court-martial, the trial counsel, defense counsel, and court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with rules adopted by the gove…

[§124B-72] Refusal of person not subject to chapter to appear, testify, or produce evidence. Any person not subject to this chapter who: shall be guilty of an offense against the State and a military court may punish the person in the same manner as the civil courts of the State.…

[§124B-73] Contempt; authority to punish; punishment. (a) With respect to any proceeding under this chapter: may punish for contempt any person who conducts themselves in violation of section 710-1077. (b) The punishment for contempt under subsection (a) shall be the same as the …

[§124B-74] Depositions. (a) At any time after charges have been signed, as provided in section 124B-51, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a depositio…

[§124B-75] Admissibility of sworn testimony from records of courts of inquiry. (a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral te…

[§124B-76] Lack of physical or mental responsibility; defense; commitment of accused for examination and treatment. (a) It is an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a…

[§124B-77] Voting and rulings. (a) Voting by members of a general or special court-martial upon questions of challenge, upon the findings, and upon the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall b…

[§124B-78] Votes required for conviction, sentencing, and other matters. (a) No person shall be convicted of an offense in a general or special court-martial, other than: (b) Except as provided in subsections (a) and (c), all matters to be decided by members of a general or speci…

[§124B-79] Findings and sentencing. (a) A court-martial shall announce its findings and sentence to the parties as soon as determined. (b) Except as provided in subsection (c), if the accused is convicted of an offense in a trial, the military judge shall sentence the accused. (c…

[§124B-80] Plea agreements. (a) At any time before the announcement of findings under section 124B-79, the convening authority and the accused may enter into a plea agreement with respect to the following matters: (b) The military judge of a general or special court-martial shall…

[§124B-81] Record of trial. (a) Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a recorder of the proceedings and authenticated by the signatures of the military judge and the s…

PART VIII. SENTENCES [§124B-91] Cruel and unusual punishments prohibited. Punishment by flogging; branding, marking, or tattooing on the body; or any other cruel or unusual punishment shall not be adjudged by any court-martial or inflicted upon any person subject to this chapter.…

[§124B-92] Sentencing. (a) The punishment directed by a court-martial for an offense shall not exceed limits as prescribed by the governor or adjutant general for that offense; provided that in no instance shall a sentence exceed more than ten years confinement. A conviction by g…

[§124B-93] Effective date of sentences. (a) A court-martial sentence shall be executed and take effect as follows: (b) On application by an accused, the convening authority or, if the accused is no longer under that convening authority's jurisdiction, the officer exercising gener…

[§124B-94] Execution of confinement. (a) A sentence of confinement adjudged by a military court, whether the sentence includes discharge or dismissal and whether the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement…

[§124B-95] Sentences; reduction in enlisted grade upon approval. (a) A court-martial sentence of an enlisted member in a pay grade above E-1, as set forth in the judgment of the court-martial entered into the record under section 124B-105, that includes: shall reduce that member …

[§124B-96] Sentences; forfeiture of pay and allowances during confinement. (a) A court-martial sentence described in subsection (b) shall result in the forfeiture of pay or of pay and allowances due that member during any period of confinement or parole. The forfeiture pursuant t…

§125-1 "Emergency" defined. As used in this chapter, unless otherwise indicated by the context, "emergency" means any state of affairs or circumstances which imperils the availability to the public of commodities necessary to public health, safety, or welfare or which results in …

§125-2 Powers in an emergency. If the governor declares that an emergency as defined in section 125-1 exists, the governor or the governor's authorized representatives, to make available commodities necessary to the public health, safety, or welfare, or to insure the availability…

§125-3 Charges. Whenever under this chapter any transportation or services are furnished or commodities sold by the State, such charges shall be made and collected therefor as will compensate the State for its expenditures in connection therewith. Any moneys realized are reapprop…

§125-4 Personnel, delegation of powers. The governor may appoint or employ boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter, and may delegate to the boards, agencies, or persons, or to any gov…

§125-5 Contributions. The governor or the governor's authorized representative may receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes provided for by this chapter, and may establish suitable funds in the tre…

§125-6 Investigations, surveys. The governor and the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making, fili…

§125-7 Fraud, misdemeanor. Any person required by the governor or the governor's authorized representative, pursuant to section 125-6, to make, keep, or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or kee…

PART I. GENERAL POWERS AND PROCEDURES DURING A SHORTAGE §125C-1 Findings and purpose. The legislature finds that adequate supplies of petroleum products are essential to the health, welfare, and safety of the people of Hawaii, and that any severe disruption in petroleum product s…

[§125C-10] Fraud; misdemeanor. Any person required by the governor or the governor's authorized representative, pursuant to section 125C-9, to make, keep or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or…

§125C-2 "Shortage" defined. As used in this chapter, unless otherwise indicated by the context, a "shortage" exists whenever the governor determines that there is an increase in the demand for any petroleum product or there is a decrease in the available supply for the petroleum …

PART II. HARDSHIP SET-ASIDE AND ALLOCATION OF PETROLEUM PRODUCTS DURING A SHORTAGE §125C-21 Definitions. "Petroleum product" means heating oils, light and heavy diesel oil, motor gasoline, propane, butane, residual fuel oils, kerosene, and aviation fuels used for emergency and es…

§125C-22 When set-aside required. When a shortage as defined in section 125C-2 exists, all prime suppliers shall set aside supplies of each petroleum product for which there is a shortage. The amount set aside shall be in accordance with the rules adopted by the chief energy offi…

§125C-23 Set-aside system. The chief energy officer of the Hawaii state energy office shall adopt rules establishing a petroleum products set-aside system. The purpose of this system shall be: The rules establishing the set-aside system shall be adopted in accordance with chapter…

§125C-3 Powers in a shortage. When a shortage as defined in section 125C-2 exists, the governor or the governor's authorized representative, to ensure that petroleum products are made available to the public in an orderly, efficient, and safe manner, may:

[PART III.] ENERGY EMERGENCY PLANNING §125C-31 Biennial state energy emergency preparedness plan. (a) The department of business, economic development, and tourism shall prepare a comprehensive and integrated biennial state energy emergency preparedness plan to be implemented in …

[§125C-32] Biennial county energy emergency preparedness plans. The mayor of each county, or the mayor's authorized representative, shall prepare a comprehensive county energy emergency preparedness plan. The plan shall be prepared in coordination with and be consistent with the …

§125C-4 Adopting, filing, and taking effect of rules. The governor or the governor's authorized representative shall adopt rules pursuant to chapter 91, to insure that petroleum products are made available to the public in an orderly, efficient, and safe manner, to become effecti…

[§125C-5] Publication of rules and declarations. Within five days after the date of filing with the lieutenant governor of each rule or declaration, the governor shall make the rule or determination known to the persons affected by it by publication at least once in a newspaper o…

[§125C-6] Petition for adoption, amendment, repeal, or suspension of rules. Any interested person may petition the governor or the governor's authorized representative requesting the adoption, amendment, repeal, or suspension of any rule and stating reasons therefor. The governor…

§125C-8 Personnel; delegation of powers. The governor may appoint or employ temporary boards, agencies, officers, employees, and other persons, or any of them, for the purpose of carrying out the provisions of this chapter. All such temporarily appointed or employed officers and …

[§125C-9] Investigations and surveys. The governor or the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making,…