Title 38, Procedural And Supplementary Provisions

§801-1 Indictment, complaint, or information. (a) No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon indictment, complaint, or information, except for offenses within the jurisdiction of a district court or in sum…

§801-2 Witnesses; defense. In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses p…

§801-3 Jury list, witnesses. Any person indicted for a crime punishable with imprisonment for life not subject to parole shall, on demand upon the clerk by the person or the person's counsel, have a list of the jurors returned delivered to the person, and shall also have process …

§801-4 Fees not payable by defendant. It shall not be lawful to take, demand, or receive any court fees for the issuing of any process for or on behalf of any person charged with, or indicted for, any felony or as accessory thereto, or with or for any misdemeanor in any court of …

[§801D-1] Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crimes to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to s…

§801D-2 Definitions. In this chapter: "Crime" means an act or omission committed by an adult or juvenile that would constitute an offense against the person under the Penal Code of this State. "Homicide victim" means a person whose death was caused by another person under part II…

[§801D-3] Eligibility of victims. A victim has the rights afforded by this chapter and is eligible for the services under this chapter only if the victim reported the crime to police within three months of its occurrence or discovery, unless the victim had justification to do oth…

§801D-4 Basic bill of rights for victims and witnesses. (a) Upon written request, victims and surviving immediate family members of crime shall have the following rights: (b) Upon written request, the victim or the parent or guardian of a minor or incapacitated victim of an offen…

[§801D-5] Responsibility for rights and services. (a) Each county is responsible for the enforcement of rights under section 801D-4. The courts shall fashion all decisions and orders to enhance the recognition of these rights and the provision of these services, to the extent tha…

[§801D-6] Intergovernmental cooperation. The county prosecutor, the police, local social service agencies, the courts, and all other agencies involved in the criminal justice system shall all cooperate with each other to ensure that victims and witnesses of crime receive the righ…

[§801D-7] Televised testimony. Victims and witnesses shall have the right to testify at trial by televised two-way closed circuit video to be viewed by the court, the accused, and the trier of fact. [L 1997, c 320, §2]

§801G-1 Definitions. As used in this chapter: "Actual address" means a residential, work, or school address as specified on an applicant's application and includes the applicant's county of residence and voting precinct. "Address confidentiality program" or "program" means the pr…

[§801G-10] Disclosure of actual address prohibited; penalty. (a) Disclosure by the program of a program participant's actual address shall be prohibited unless required by order of a court. There shall be a presumption that the disclosure of any record of the program constitutes …

[§801G-11] Prohibitions; penalty. (a) No applicant or program participant shall falsely attest that disclosure of the applicant's or program participant's actual address will endanger the applicant's or program participant's safety or knowingly provide false information on an ini…

[§801G-12] Indemnification. Nothing in this chapter shall be construed to create a cause of action against the State, the counties, or any of their employees, agencies, officials, or volunteers except as set forth in section 801G-10. [L 2018, c 115, pt of §1]

§801G-13 Rulemaking authority. The department shall adopt rules pursuant to chapter 91 as necessary to carry out the purposes of this chapter. [L 2018, c 115, pt of §1; am L 2019, c 274, §5; am L 2023, c 82, §5]

§801G-2 Address confidentiality program; established. (a) There is established the address confidentiality program in the department to protect the confidentiality of the actual address of a victim of domestic abuse, a sexual offense, or stalking and to prevent the victim's assai…

§801G-3 Filing and certification of applications; authorization card. (a) A primary applicant may apply to participate in the address confidentiality program and shall be assisted by an application assistant; provided that: (b) The application shall be as prescribed by the progra…

[§801G-4] Filing and certification of secondary applicants; authorization card. (a) The parent, spouse, domestic partner, child, or legal dependent of a program participant who resides at the same actual address as the program participant and whose participation in the program is…

[§801G-5] Change of name, address, or telephone number. (a) Within thirty days of a legal name change, a program participant shall provide the program with a certified copy of a judgment, order, or any other documentation the program director deems to be sufficient evidence of th…

[§801G-6] Certification cancellation. (a) A program participant's certification shall be canceled if: (b) The program director shall send to the program participant a notice of cancellation that includes the reasons for cancellation. (c) An individual who ceases to be a program p…

§801G-7 Appeal. Within thirty days of the date of the notice of denial of an application or of certification cancellation, an applicant or program participant may submit a written appeal to the department; provided that:

[§801G-8] Service of process. (a) The service of process upon an agent of the program shall constitute service upon the program participant. (b) Upon the receipt of service, the program shall forward the served document to the program participant within three calendar days of rec…

[§801G-9] Address use by state agencies; waiver request. (a) The program participant shall be responsible for requesting that an agency use the participant's substitute address for all purposes for which the agency requires or requests a residential, work, or school address. (b) …

[§801K-1] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Administrator" means the person conducting the photo lineup, live lineup, or showup for law enforcement. "Blind" means the administrator does not know the identity of the suspect in th…

[§801K-2] Eyewitness identification procedures for live lineups and photo lineups. (a) Any law enforcement entity conducting eyewitness identification procedures shall adopt specific procedures for conducting photo lineups and live lineups that comply with the following requireme…

[§801K-3] Eyewitness identification procedures for showups. (a) The administrator shall comply with the following in conducting a showup: (b) At any showup, in order to reduce potentially damaging or prejudicial inferences that may be drawn by the eyewitness, the administrator sh…

[§801K-4] Video record of identification procedures; impracticability; alternative record. (a) Unless impracticable, a video record of each identification procedure shall be made that includes the following information: (b) If a video record of the identification procedure is imp…

[§801K-5] Training by law enforcement entities. Law enforcement entities shall include in their training programs for law enforcement officers and recruits information on the methods, technical aspects, and scientific findings regarding the basis of the eyewitness identification …

§802-1 Right to representation by public defender or other appointed counsel. (a) Any indigent person who is: shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if…

§802-11 Appointment of state public defender. The state public defender shall be appointed by the defender council without regard to chapters 76 and 89. The state public defender's appointment shall be for a term of four years except as otherwise provided herein, and until the st…

§802-12 Organization of office; assistance. Subject to the approval of the defender council, the state public defender may employ assistant state public defenders and other employees, including investigators, as may be necessary to discharge the function of the office. Assistant …

§802-2 Notification of right to representation. In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the p…

§802-3 Request for appointment of counsel. Any person entitled to representation by a public defender or other appointed counsel may at any reasonable time request any judge to appoint counsel to represent the person. [L 1971, c 185, pt of §1; HRS §705C-3; ren L 1972, c 9, pt of …

§802-4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the perso…

§802-5 Appointment of counsel; compensation. (a) When it shall appear to a judge that a person requesting the appointment of counsel satisfies the requirements of this chapter, the judge shall appoint counsel to represent the person at all stages of the proceedings, including app…

§802-6 Subsequent ability to pay counsel. If at any time after counsel is appointed, the court having jurisdiction in the matter is satisfied that the defendant is financially able to obtain counsel or to make partial payment for the representation, the court may terminate the ap…

§802-7 Litigation expenses. The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and upon a finding that the same are necessary for an adequate def…

§802-8 Office of the state public defender. An office of state public defender is hereby created within the department of budget and finance for administrative purposes. [L 1971, c 185, pt of §1; HRS §705C-8; ren L 1972, c 9, pt of §1; am L 1980, c 302, pt of §2]

§802-9 Defender council. The governor shall appoint a defender council consisting of five members, who shall serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by its member…

[§802E-1] Legislative findings and intent. The legislature finds that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defe…

§802E-2 Court advisement concerning alien status required prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts. Prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of…

§802E-3 Failure to advise; vacation of judgment. If the court fails to advise the defendant as required by sections 802E-2 and 802E-4 and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the …

[§802E-4] Court advisement concerning alien status required at the commencement of arraignment and plea hearing. At the commencement of the court session for arraignment and plea hearings for an offense punishable as a crime under state law, except offenses designated as infracti…

PART I. ARRESTS GENERALLY §803-1 Arrest; by warrant. No arrest of any person shall be made without first obtaining a warrant or other process therefor from some magistrate, except in the cases provided in this chapter or otherwise provided by law. [PC 1869, c 49, §1; RL 1925, §39…

§803-10 Penalty. Any person violating or failing to comply with section 803-9 shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1927, c 261, §2; RL 1935, §5409; RL 1945, §10710; RL 1955, §255-10; HRS §708-10; ren L 1972, c 9, pt of §1]

§803-11 Entering house to arrest. Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall…

[PART IA. ARREST BY FEDERAL OFFICERS] §803-16 Law enforcement officers of the United States Immigration and Customs Enforcement-Homeland Security Investigations or United States Customs and Border Protection; arrest powers. A law enforcement officer of the United States Immigrati…

[§803-17] United States marshal or deputy United States marshal; arrest powers. A United States marshal or deputy United States marshal, without a warrant, may arrest a person if:

§803-2 By oral order. Where a breach of the peace or other offense has been committed, and the offender endeavors to escape, the offender may be arrested by virtue of an oral order of any magistrate, or without the order, if no magistrate is present. [PC 1869, c 49, §2; RL 1925, …