Title 38, Procedural And Supplementary Provisions

§835-3 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness. (a) A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn …

§835-4 Material witness order; arraignment. (a) When the prospective witness appears before the court, the court must inform the prospective witness of the nature and purpose of the proceeding, and that the prospective witness is entitled to a prompt hearing upon the issue of whe…

§835-5 Material witness order; hearing, determination and execution of order. (a) The hearing upon the application must be conducted as follows: (1) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order,…

§835-6 Material witness order; vacation, modification and amendment thereof. (a) At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the party upon whose application the order was issued, and with opportunity…

§835-7 Material witness order; compelling attendance of witness who fails to appear. If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time the witness' appearance as a witness is required, or if after notification the witness…

§835-8 Material witness order; witness fee. A witness held in the custody of the chief of police as a result of a material witness order must be paid the sum of twenty dollars per day for each day of confinement in such custody. Such compensation is a county charge and is payable…

§836-1 Definitions. As used in this chapter: "State" includes any state, territory, or possession, of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. "Summons" includes a subpoena ad testificandum and subpoena duces tecum, order, or other notice …

§836-2 Summoning witness in this State to testify in another state. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies under the seal of that court that there is …

§836-3 Witness from another state summoned to testify in this State. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commenc…

§836-4 Exemption from arrest and service of process. If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not while in this State pursuant to such summons be subject to arrest or the service of proce…

§836-5 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. [L 1971, c 116, §5; HRS §719-5; ren L 1972, c 9, pt of §1]

§836-6 Short title. This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings". [L 1971, c 116, §6; HRS §719-6; ren L 1972, c 9, pt of §1]

§841-1 Who are coroners. The chief of police or his authorized subordinate of the counties of Hawaii, Maui, and Kauai, and the medical examiner of the city and county of Honolulu, shall, ex officio, be the coroner for his respective county. [L 1935, c 90, §1; am L 1939, c 104, §7…

§841-10 Decent burial. When any coroner or deputy coroner takes an inquest upon the dead body of a stranger or indigent person or, being called for that purpose, does not determine it necessary, on view of the body, that any inquest should be taken, the coroner or deputy coroner …

§841-11 Witness fees and mileage; expenses. Every witness attending upon any coroner's inquest shall be paid $1 for each day's actual attendance, and traveling expenses at the rate of 10 cents a mile each way. The fees and mileage of witnesses and all reasonable expenses of the i…

§841-12 Removal of corpse. [(a)] No corpse or remains of any dead human body appearing to have come to death under any of the circumstances set forth in section 841-3, shall be moved or disturbed from its place of death or disposed of by any person including the coroner or the co…

§841-13 Disposition of personal effects. The clothing and personal property found on any human body appearing to have come to death under any of the circumstances set forth in section 841-3 may be recovered and held as evidence by any police officer, pending the investigation of …

§841-14 Autopsies and further investigations. [(a)] If, in the opinion of the coroner, or of the coroner's physician, or of the prosecuting attorney, or of the chief of police (in the city and county of Honolulu), an autopsy of the remains of any human body appearing to have come…

[§841-14.5] Performance of autopsy by pathologist. An autopsy of a deceased person under this chapter shall be performed by an anatomic or forensic pathologist certified as such by the American Board of Pathology. [L 1987, c 23, pt of §1]

[§841-14.6] Assistance among counties. (a) When a coroner of a county with a population of less than 200,000 requires assistance in conducting an autopsy, the coroner may request the assistance of the medical examiner or coroner of a county with a population of 200,000 or more. T…

§841-15 Notice to next of kin, expense. The coroner called to investigate the death of any person shall notify the next of kin, if known, of the death by telephone, letter, cable, or radiogram, as each case may necessitate. The director of finance of the county in which the death…

§841-16 Disposal of decomposed remains. The coroner's physician may order forthwith the cremation of the remains of any person appearing to have come to death under any of the circumstances set forth in section 841-3 if, in the coroner's physician's opinion, the remains constitut…

§841-17 Hospital records. The chief of police of the city and county of Honolulu or the chief's deputy, and the coroner or deputy coroner, and the coroner's physician may examine the records of any hospital relating to any patient of the hospital in connection with any investigat…

§841-18 Coroner's physician; laboratory facilities. The medical examiner or any of the medical examiner's assistants in the city and county of Honolulu, and any experienced or qualified government physician designated by the coroner in the counties of Hawaii, Maui, and Kauai, sha…

§841-19 Notification of this chapter. A copy of this chapter shall be transmitted to all physicians, undertakers, hospitals, and institutions established, licensed, or doing business in the State. [L 1949, c 355, pt of §5; RL 1955, §260-19; HRS §715-19; ren L 1972, c 9, pt of §1]

§841-2 Appointment of deputies. The coroner may appoint as many deputy coroners as the coroner may deem necessary to aid the coroner in the discharge of the coroner's duties as coroner from amongst the subordinates in the coroner's department. [L 1935, c 90, §2; RL 1945, §10902; …

§841-3 Duties. [(a)] As soon as any coroner or deputy coroner has notice of the death of any person within the coroner's or deputy coroner's jurisdiction as the result of violence, or as the result of any accident, or by suicide, or suddenly when in apparent health, or when unatt…

§841-4 Testimony under oath reduced to writing. The testimony of all witnesses examined by any coroner or deputy coroner pertaining to the death of any person wherein a coroner's investigation is required, shall be taken under oath, reduced to writing by the coroner, or deputy co…

§841-5 Form of oath. The coroner or deputy coroner may administer an oath to the witnesses as follows: "You solemnly swear that the evidence you shall give to this inquest concerning the death of the person (giving the name of the person dead if possible) which is now under inves…

§841-6 Subpoenas; penalty for failure to comply. [(a)] The coroner or any deputy coroner may issue subpoenas for the attendance of any witnesses that the coroner or any deputy coroner may deem necessary to interrogate in the death then under investigation, returnable forthwith or…

§841-7 Reports of investigation. (a) The coroner or deputy coroner shall reduce the coroner's or deputy coroner's findings to writing in the following form: STATE OF HAWAII County (or City and County) of.......................... CORONER'S INQUEST An inquisition taken at.........…

§841-8 Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body. (a) Every coroner, or deputy coroner, shall, without delay, forward to the county attorney in the case of coroners for the counties of Maui and Kauai, and …

§841-9 Fees. Upon the application by other than governmental agencies for a certified copy of any coroner's report and inquest, the coroner or deputy coroner shall collect the sum of $2 as a governmental realization for the preparation and issuance of the same. All fees so collec…

§842-1 Definitions. As used in this chapter: "Enterprise" includes any sole proprietorship, partnership, corporation, association, and any union or group of individuals associated for a particular purpose although not a legal entity. "Organized crime" means any combination or con…

§842-10 Civil investigative demand. (a) Whenever the attorney general has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, the attorney general may, prior to the instit…

§842-11 Failure to report income; penalty. Any law to the contrary notwithstanding, no person shall wilfully fail to report income derived, directly or indirectly, from a racketeering activity or through collection of an unlawful debt, or to pay the taxes due thereon as provided …

§842-12 Inspection of tax records by chiefs of police. The chiefs of police of the several counties or their authorized representatives may apply to any judge for an order allowing inspection and examination of the tax returns and records on file with the department of taxation o…

§842-2 Ownership or operation of business by certain persons prohibited. It shall be unlawful: (1) For any person who has received any income derived, directly or indirectly, from a racketeering activity or through collection of an unlawful debt, to use or invest, directly or ind…

§842-3 Penalty; forfeiture of property. Any person who violates this chapter shall be guilty of a class B felony and shall forfeit to the State any interest or property acquired or maintained in violation of this chapter as provided in chapter 712A. [L 1972, c 71, pt of §2; am L …

§842-4 Prohibited affirmative defense. The affirmative defense of being a player in a social gambling game is not available to a person engaged in organized crime or who is connected directly or indirectly with persons who are engaged in organized crime. [L 1972, c 71, pt of §2]

§842-5 Forfeiture of corporate charters and cancellation of registrations and licenses. The attorney general may institute civil proceedings in the circuit court to forfeit the charter of any corporation organized under the laws of this State and to cancel the registration and li…

§842-6 Enjoining other business operations. The attorney general may institute civil proceedings in the circuit court to enjoin the operation of any business other than a corporation, including a partnership, limited partnership, unincorporated association, joint venture, or sole…

§842-7 Commencement and conduct of proceedings under sections 842-5 and 842-6. (a) The proceedings authorized by section 842-5 may be instituted against a corporation in any judicial circuit in which it is doing business or carrying on its work and the proceedings shall be conduc…

§842-8 Civil remedies. (a) The circuit courts of the State shall have jurisdiction to prevent and restrain violations of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest oneself of any interest, direct or indirect, in any en…

§842-9 Evidence. In any proceeding ancillary to or in any civil action instituted by the State under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons. [L 1972, c 71, pt of §2]

PART I. DEFINITIONS, ADMINISTRATION [§844D-1] Definitions. In this chapter, unless a different meaning is plainly required: "Autoradiograph" means photographic film developed when exposed to radioactivity appearing as darkened areas which represents DNA sequencing resulting from …