Department of the Attorney General - Other Initiatives

HB1016, SB834: MAKING APPROPRIATIONS FOR CLAIMS AGAINST THE STATE, ITS OFFICERS, OR ITS EMPLOYEES
Authorizes payment for claims against the State for refunds of taxes, judgments and settlements, and other miscellaneous payments.

HB1017, SB835: PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF HAWAI`I RELATING TO TESTIMONY OF DEFENDANTS IN CRIMINAL CASES
Proposes an amendment to the Constitution of the State of Hawai`i to permit testifying criminal defendants to be impeached with evidence of prior convictions for crimes involving dishonesty.  Brings state law into conformity with federal law and the law of most other states.

HB1018, SB836: PROPOSING AN AMENDMENT TO ARTICLE XVI OF THE CONSTITUTION OF THE STATE OF HAWAI`I
Proposes an amendment to the Constitution of the State of Hawai`i to allow a witness claiming the Fifth Amendment to be compelled to testify through a grant of “use immunity.”  This form of immunity provides that an individual's testimony cannot be used as evidence in a subsequent criminal case against that individual, but does allow prosecutors to press charges against the individual based on evidence obtained independent of that testimony. 

HB1019, SB837: RELATING TO THE PENAL CODE
Amends the offense of murder in the second degree to include acts committed with the intent to cause serious bodily injury to another person or create the strong probability of causing death or serious bodily injury to another person, which result in the death of another person.
 
HB1020, SB838: RELATING TO THE PENAL CODE
Toughens penalties against those who violate protective orders, such as temporary restraining orders, issued to protect victims of domestic violence.  Also known as the "Protect Victims of Domestic Violence Act."

HB1021, SB839: RELATING TO CHILD ABUSE
Provides greater protection for children by increasing penalties for the possession of particularly violent or egregious child pornography, and by adding mandatory sentencing provisions for certain serious child pornography offenses.

HB1022, SB840: RELATING TO PUBLIC ADMINISTRATION
Strengthens our laws related to public administration by creating a new offense that prohibits the obstruction of criminal investigations, and by increasing the penalties for certain public administration offenses to reflect the seriousness of those offenses.

HB1023, SB841: RELATING TO FORENSIC IDENTIFICATION
Makes it a felony for a criminal to knowingly refuse to give a DNA sample or specimen when ordered to do so by a law enforcement agency.  Makes negligent failure to give such a sample a misdemeanor.    

HB1024, SB842: RELATING TO APPEALS
Clarifies when criminal convictions can be overturned by a court because of jury instructions.

HB1025, SB843: RELATING TO SENTENCING
Allows a court to order a mental or medical examination of defendants for purposes of sentencing.

HB1026, SB844: RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW ENFORCEMENT OFFICERS
Gives law enforcement officers limited access to vital statistics records in order to expedite the investigation of certain crimes.

HB1027, SB845: RELATING TO COURT ADVISEMENT OF ALIENS
Clarifies the statutory requirement that courts advise pleading defendants of the possible consequences of their plea on their alien status.

HB1028, SB846: RELATING TO POST CONVICTION PROCEEDINGS
Establishes a statute of limitations for the filing of habeas corpus actions challenging convictions, judgments, sentences, and other matters related to custody.  Limits successive complaints.

HB1029, SB847: RELATING TO TOBACCO
Makes permanent the law that mandates that businesses engaged in the retail sale of cigarettes and other tobacco products obtain a retail tobacco permit from the State Department of Taxation. 

HB1030, SB848: RELATING TO METAL
Makes permanent the law that enacted a new theft of copper offense and imposed additional requirements on the purchase of copper by scrap dealers.

HB1031, SB849: RELATING TO CHAPTER 480, HAWAII REVISED STATUTES
Reconfirms the right of the State and counties to take legal action against unfair, deceptive, and anti-trade practices even if the State or counties did not directly purchase the goods or services involved.

HB1032, SB850: RELATING TO NOTARY PUBLIC SEALS
Clarifies the information required to be on a notary public’s seal.

HB1033, SB851: RELATING TO CHILD SUPPORT ENFORCEMENT
Clarifies that all income withholding payments be sent to the Child Support Enforcement Agency (CSEA) or another state’s child support enforcement agency.  Allows CSEA to disburse child support funds to eligible parents by direct deposit or through a debit card, rather than by mailing out checks.  Also allows electronic copies or facsimiles of a signature in lieu of an actual signature on certified matters to be acceptable as sufficient proof of service.  Protects against ID theft by requiring only the last four digits of the social security number on child support lien documents.  Clarifies lien payment and enforcement.

HB1034, SB852: RELATING TO CIVIL ACTIONS
Prevents the State and its agencies from having to defend themselves against lawsuits based upon statutes in which the State has not waived its sovereign immunity. 

HB1035, SB853: RELATING TO APPEALS
Allow orders granting or denying preliminary injunctions to be subject to immediate appeal, thus avoiding potential harm before a judge issues his or her final decision.  Also allows immediate appeals from denials of sovereign, absolute, or qualified immunity.

HB1036, SB854: RELATING TO CIVIL ACTIONS
Provides the State with the same protections from the liability of its employees that the United States is given under federal law.  Protects the State from liability regarding the planning and design of State highways by explicitly providing the State with immunity when it exercises its discretion in such planning and design activities.

HB1037, SB855: RELATING TO CIVIL ACTIONS
Eliminates the retention of joint and several liabilities for tort claims against the State and counties relating to the maintenance and design of highways, making the State and counties only responsible for their proportionate share of damages in all cases. 

HB1038, SB856: RELATING TO IDENTIFICATION
Extends the expiration period for the Hawaii State ID card from six years to eight years, providing consistency with the expiration period for the Hawaii driver’s license.

HB1039, SB857: RELATING TO PUBLIC LAND LIABILITY
Makes permanent the law that establishes a process for installing and maintaining warning signs on improved public lands, providing the State and counties with continued protections from liability.

HB1040, SB858: RELATING TO TORT LIABILITY
Makes permanent the law that provides liability protections for lifeguard services.

HB1041, SB859: RELATING TO PERSONS COMMITTED TO THE HAWAI`I YOUTH CORRECTIONAL FACILITIES OR TO THE CUSTODY OR CARE OF THE EXECUTIVE DIRECTOR OF THE OFFICE OF YOUTH SERVICES
Enables timely care for youths by allowing the Hawaii Youth Correctional Facility to obtain necessary information quickly on youth committed to the facility, and to use the information for treatment and care within the facility.

HB1042, SB860: RELATING TO THE TAX LIEN AND ENCUMBRANCE RECORD
Enables encumbrance of motor vehicle titles by allowing the recordation of outstanding judgments payable to the State or a county in the county director of finance’s “tax lien and encumbrance record,” thereby requiring payment of the judgment prior to a vehicle’s renewal, registration, or transfer of ownership.  Exempts State and county agencies from paying $5 fee.