Haw. Rev. Stat. § 834-4 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-4
Escape.
Status: in_force

Any person who escapes from lawful custody in another state while being held pursuant to the Agreement on Detainers may be charged with escape under chapter 740 and sentenced to a term of imprisonment not to exceed three years.
Haw. Rev. Stat. § 844D-56 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-56
Limitations not cause for dismissal.
Status: in_force

The limitation on the types of offenses set forth in section 844D‑31(a) that are subject to the collection and testing procedures of this chapter is for the purpose of facilitating the administration of this chapter by the department and shall not be considered cause for dismissing an investigation or prosecution or reversing a verdict or a disposition.
Haw. Rev. Stat. § 806-51 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-51
Plea of autrefois convict or acquit.
Status: in_force

In any plea of autrefois convict or autrefois acquit, it shall be sufficient for the defendant to state that the defendant has been lawfully convicted or acquitted (as the case may be) of the offense charged in the indictment.
Haw. Rev. Stat. § 844D-112 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-112
Fraudulent use or manipulation of biometric sample or information.
Status: in_force

(a) A person commits the offense of fraudulent use or manipulation of biometric sample or information if the person is required to submit a specimen sample or print impression pursuant to this chapter and intentionally or knowingly:

(1) Facilitates the collection of a wrongfully attributed blood specimen, buccal swab sample, or print impression, with the intent that a government agent or employee be deceived as to the origin of a DNA profile or as to any identification information associated with a specimen, sample, or print impression required for submission pursuant to this chapter; or

(2) Tampers with any specimen, sample, print, or the collection container for any specimen or sample, with the intent that any government agent or employee be deceived as to the identity of the person to whom the specimen, sample, or print relates.

(b) Fraudulent use or manipulation of biometric sample or information is a class C felony. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 806-63 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-63
Defense.
Status: in_force

All persons tried for any offense shall be admitted after the close of the case for the prosecution to make full answer and defense thereto by counsel or attorney.
Haw. Rev. Stat. § 841-7 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-7
Reports of investigation.
Status: in_force

(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............... county (or city and county) of............... on the..... day of............... in the year 20..... before............... coroner of the county upon the body of............... there lying dead, resulted as follows:

That the deceased was named...............; and a native of...............; was aged about.....; that the deceased came to h..... death, on the..... day of............... 20....., from...............

IN WITNESS WHEREOF, the coroner has hereunto set the coroner's hand on this..... day of ............... 20...... .

(b) Upon receipt of a certificate of death from the person in charge of the disposition of the body, the coroner's physician shall thereupon state the name of the disease or condition directly leading to the death; other significant conditions contributing to the death; day on which death occurred; and such other information as may be required on the certificate of death by the director of health in order to classify the death. The local agent of the department of health shall be notified in writing of the reason for the delay, if the cause of death cannot be determined within three days. [L 1935, c 90, §7; RL 1945, §10907; RL 1955, §260-7; HRS §715-7; ren L 1972, c 9, pt of §1; am L 1973, c 17, §1; gen ch 1993]

Revision Note

The date "19....." in the form was changed to "20....." pursuant to §23G-16.
Haw. Rev. Stat. § 804-39 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-39
Bond in addition to conviction.
Status: in_force

When upon the conviction of a person for an offense, it appears from the character of the offender or the offender's conduct in committing the offense, that there is good reason to apprehend a repetition of that offense, or the commission of some other, the court or district judge may add to their sentence that after the execution of the punishment is complete, and before the offender, if in custody, is discharged, the offender shall give security in the form and for the time above directed, either that the offender will not commit any particular offense or any designated species of offenses, or generally, that the offender will commit no offense for the time limited. [PC 1869, c 47, §8; RL 1925, §4004; RL 1935, §5458; RL 1945, §10758; RL 1955, §256-38; HRS §709-39; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 802-1 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-1
Right to representation by public defender or other appointed counsel.
Status: in_force

(a) Any indigent person who is:

(1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;

(2) Threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility; or

(3) The subject of a petition for involuntary medical treatment under chapter 353,

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 the interests of justice require, the court may appoint other counsel.

(b) The appearance of the public defender in all judicial proceedings shall be subject to court approval.

(c) The appearance of a public defender in all hearings before the Hawaii paroling authority or other administrative body or agency shall be subject to the approval of the chairperson of the Hawaii paroling authority or the administrative head of the body or agency involved. [L 1971, c 185, pt of §1; HRS §705C-1; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(a); am L 1973, c 76, §1; am L 1976, c 92, §8; am L 1984, c 251, §2; gen ch 1985, 1993; am L 2011, c 72, §3; am L 2015, c 231, §5; am L 2021, c 58, §9; am L 2024, c 87, §7]

Revision Note

In the first paragraph, (1) to (4) reformatted as paragraphs (1) to (4) and "or" deleted in paragraphs (1) and (2) pursuant to §23G-15.
Haw. Rev. Stat. § 804-7.1 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7.1
Conditions of release on bail, recognizance, or supervised release.
Status: in_force

Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.

Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:

(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;

(2) Prohibiting the defendant from going to certain described geographical areas or premises;

(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;

(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;

(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;

(6) Requiring the defendant to comply with a specified curfew;

(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;

(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;

(9) Requiring the defendant to submit to the use of electronic monitoring and surveillance;

(10) Requiring the confinement of the defendant in the defendant's residence;

(11) Requiring the defendant to satisfy any other condition reasonably necessary to ensure the appearance of the defendant as required and to ensure the safety of any other person or community; or

(12) Imposing any combination of conditions listed above;

provided that the court shall impose the least restrictive non-financial conditions required to ensure the defendant's appearance and to protect the public.

The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed. [L 1978, c 217, pt of §1; am L 1980, c 242, §4; am L 1987, c 139, §1; am L 2008, c 171, §10; am L 2009, c 88, §§9, 13, and 17(2); am L 2019, c 179, §§19, 27]
Haw. Rev. Stat. § 846E-9 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-9
Failure to comply with covered offender registration requirements.
Status: in_force

(a) A person commits the offense of failure to comply with covered offender registration requirements if the person is required to register under this chapter and the person intentionally, knowingly, or recklessly:

(1) Fails to register with the attorney general by providing to the attorney general or the Hawaii criminal justice data center the person's registration information;

(2) Fails to report in person every five years until June 30, 2009, and beginning on July 1, 2009, once every year, during the thirty-day period following the offender's birthday to the chief of police where the covered offender's residence is located, or to such other department or agency designated by the attorney general;

(3) While reporting to the chief of police or such other department or agency designated by the attorney general, fails to correct information in the registry within the offender's knowledge that has changed or is inaccurate regarding information required by section 846E-2(d)(1) through (12);

(4) While reporting to the chief of police or such other department or agency designated by the attorney general, fails to provide new information that may be required by section 846E-2(d)(1) through (12);

(5) While reporting to the chief of police or such other department or agency designated by the attorney general, does not allow the police or other designated department or agency to take a current photograph of the person;

(6) Fails to register in person with the chief of police having jurisdiction of the area where the covered offender resides or is present within three working days whenever the provisions of section 846E-2(g) require the person to do so;

(7) Fails to notify the attorney general or the Hawaii criminal justice data center of a change of any of the covered offender's registration information in writing within three working days of the change;

(8) Provides false registration information to the attorney general, the Hawaii criminal justice data center, or a chief of police;

(9) Signs a statement verifying that all of the registration information is accurate and current when any of the registration information is not substantially accurate and current;

(10) Having failed to establish a new residence within the ten days while absent from the person's registered residence for ten or more days, fails to notify the attorney general in writing within three working days of the covered offender's current residence information;

(11) Fails to mail or deliver the periodic verification of registration information form to the attorney general within ten days of receipt, as required by section 846E-5; provided that it shall be an affirmative defense that the periodic verification form mailed to the covered offender was delivered when the covered offender was absent from the registered address and the covered offender had previously notified the Hawaii criminal justice data center that the covered offender would be absent during the period that the periodic verification form was delivered; or

(12) Fails to report to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91, during the first week of the months of January, April, July, and October of every year, and verify and update the covered offender's registration information as required by section 846E-5(b).

(b) With respect to subsection (a)(1), (2), (6), (7), (10), (11), or (12), if a defendant intends to rely upon the defense that the covered offender was in custody or civilly committed, the defendant shall within the time provided for the filing of pretrial motions or at a later time as the court may direct, notify the prosecutor in writing of the defendant's intention and file a copy of the notice with the court.

(c) Failure to comply with covered offender registration requirements is a class C felony. [L 1997, c 316, pt of §2; am L 2004, c 59, §5; am L 2005, c 45, §10; am L 2006, c 106, §5; am L 2008, c 80, §8; am L 2013, c 64, §9 ; am L 2025, c 149, §4]
Haw. Rev. Stat. § 806-9 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-9
Information, laws applicable.
Status: in_force

All provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials, and punishments, or the passing or execution of any sentence, and to all proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent as near as may be, apply to information and all prosecutions and proceedings thereon.
Haw. Rev. Stat. § 831-1 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-1
Definition.
Status: in_force

In this chapter, "felony" means an offense that is punishable with imprisonment for a term which is in excess of one year.
Haw. Rev. Stat. § 842-2 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-2
Ownership or operation of business by certain persons prohibited.
Status: in_force

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 indirectly, any part of such income, or the proceeds of such income, in the acquisition of any interest in, or the establishment or operation of, any enterprise.

(2) For any person through a racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.

(3) For any person employed by or associated with any enterprise to conduct or participate in the conduct of the affairs of the enterprise through racketeering activity or collection of an unlawful debt. [L 1972, c 71, pt of §2]
Haw. Rev. Stat. § 846-54 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-54
Annual reports.
Status: in_force

The attorney general shall summarize and analyze reports of hate crimes data that are received, and shall compile and transmit an annual report of hate crime data to the governor, the judiciary, the department of corrections and rehabilitation, and the legislature.
Haw. Rev. Stat. § 841-10 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-10
Decent burial.
Status: in_force

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 shall cause the body to be decently buried or undergo cremation as defined in section 531B-2. A burial-transit permit authorizing a burial or cremation shall be secured from the local agent of the department of health by the person in charge of the burial or cremation.
Haw. Rev. Stat. § 806-65 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-65
Depositions, right to inspect.
Status: in_force

All persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions, or copies of the depositions, which have been taken against them, and delivered in manner by law required to the proper officer of the court before which the trial is had.
Haw. Rev. Stat. § 844D-23 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-23
Repository of samples and records.
Status: in_force

(a) The department may designate itself or other appropriate entities to serve as repositories for blood specimens and buccal swab and other biological samples, and the designated entity shall analyze specimens and samples, and store, compile, correlate, compare, maintain, and use DNA and forensic identification profiles and records related to the following:

(1) Forensic casework and forensics unknown;

(2) Known and evidentiary specimens and samples from crime scenes or criminal investigations;

(3) Missing or unidentified persons;

(4) Persons required to provide specimens, samples, or print impressions under this chapter;

(5) Legally obtained samples; and

(6) Anonymous DNA records used for training, research, statistical analysis of populations, quality assurance, or quality control.

(b) The designated entity shall include files as necessary to implement this chapter.

(c) Nothing in this section shall be construed as requiring the designated entity to provide specimens or samples for quality control or other purposes to those who request specimens or samples.

(d) Samples, specimens, or profiles to be submitted for the state DNA database and data bank identification program shall include information as required by the department for ensuring search capabilities and compliance with National DNA Index System standards. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 835-6 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-6
Material witness order; vacation, modification and amendment thereof.
Status: in_force

(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 to be heard, make inquiry whether by reason of new or changed facts or circumstances the material witness order is no longer necessary or warranted, or, if it is, whether the original bail currently appears excessive. Upon making any such determination, the court must vacate the order. If its determination is that the order is no longer necessary or warranted, it must, as the situation requires, either discharge the witness from custody or exonerate the bail. If its determination is that the bail is excessive, it must issue a new order fixing bail in a lesser amount or on less burdensome terms.

(b) At any time when a witness is at liberty upon bail pursuant to a material witness order, the court may, upon application of the party upon whose application the order was issued, with notice to the witness if possible and to the witness' attorney if any and opportunity to be heard, make inquiry whether, by reason of new or changed facts or circumstances, the original bail is no longer sufficient to secure the future attendance of the witness at the pending action. Upon making such a determination, the court must vacate the order and issue a new order fixing bail in a greater amount or on terms more likely to secure the future attendance of the witness. [L 1971, c 214, pt of §1; HRS §718-6; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 806D-4 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-4
Service of process issued by or in another state.
Status: in_force

(a) When a Hawaii recipient is properly served with process issued by or in another state that commands the production of records in the actual or constructive possession of that person or business, and such process on its face purports to be a valid process based on a pending criminal investigation or prosecution in that other state, the Hawaii recipient shall comply with that process as if that process had been issued by a Hawaii court; provided that the issuing state has a statute authorizing the production of records held by out-of-state persons or businesses.

(b) The service of process issued by or in another state shall include the following information:

(1) The name, office, business address, telephone number, and electronic mail address of the person applying for the issuance of the service of process;

(2) The statute authorizing the production of records held by out-of-state persons or businesses; and

(3) The relevant criminal statutes upon which the pending investigation or prosecution is based.

(c) As used in this section, "Hawaii recipient" means a recipient who is physically present in the State of Hawaii. [L 2012, c 325, pt of 2; am L 2014, c 219, §2]
Haw. Rev. Stat. § 844D-133 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-133
Consent.
Status: in_force

Nothing in this part shall be interpreted to prohibit a convicted person and the State from consenting to and conducting post-conviction DNA testing by agreement of the parties and without filing a motion for post-conviction DNA testing under this part. Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties which are favorable to the defendant, the defendant may file, and the court shall adjudicate, a motion for post-conviction relief under the provisions of this part, based on the DNA test results.
Haw. Rev. Stat. § 803-8 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-8
Weapons on person arrested.
Status: in_force

He who makes an arrest may take from the party arrested all offensive weapons which he may have about his person, and shall deliver them to the magistrate, to be disposed of according to law. [PC 1869, c 49, §8; RL 1925, §3974; RL 1935, §5407; RL 1945, §10708; RL 1955, §255-8; HRS §708-8; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 846 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846
‑10.
Status: in_force

§846‑10.5 Fees. (a) Except for services provided to criminal justice agencies and state agencies for employment purposes, the Hawaii criminal justice data center and state and county criminal justice agencies shall assess fees for services provided or to be provided, which shall be deposited into the criminal history record improvement revolving fund.

(b) Criminal history record checks mandated for child care facilities shall be exempt from the requirement to pay fees.

(c) Nonprofit charitable organizations that are tax-exempt under Internal Revenue Code section 501(c)(3) shall be exempt from fees for criminal history record checks conducted on adult volunteers having direct contact with minors, the elderly, or the disabled.

(d) Any other law to the contrary notwithstanding, the data center may adopt rules pursuant to chapter 91 to establish reasonable fees for services provided by the data center and to establish other exemptions from the requirement to pay fees. [L 1987, c 146, §1; am L Sp 1995, c 7, §3; am L 1997, c 165, §2; am L 1998, c 311, §10; am L 2006, c 132, §2; am L 2022, c 19, §1]
Haw. Rev. Stat. § 804-8 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-8
No bail where wounding may terminate in death.
Status: in_force

Where the offense is the illegal infliction of a wound, or any other injury that may terminate in the death of the person injured, the magistrate or court cannot discharge the prisoner if it appears that there is a probability that death will ensue in consequence of the injury. In that case, the party shall be committed for further examination, until the consequences of the injury can be ascertained. [PC 1869, c 50, §5; RL 1925, §3983; RL 1935, §5437; RL 1945, §10738; RL 1955, §256-8; HRS §709-8; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 806-33 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-33
Surplusage.
Status: in_force

Any unnecessary allegation contained in an indictment may be rejected as surplusage.
Haw. Rev. Stat. § 805-4 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-4
Service of summons.
Status: in_force

The summons shall be served by handing the accused a copy thereof, and showing the accused the original; or, if the accused cannot be found, by leaving the copy, during business hours, at the accused's usual place of business or employment, or by leaving the copy at the accused's place of residence, at any reasonable hour, in charge of some person of discretion. If the alleged offender fails to appear at the prescribed time and place, after having been so summoned, the alleged offender may be attached for contempt, and dealt with accordingly.
Haw. Rev. Stat. § 803-33.5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-33.5
[ §803-33.
Status: in_force

[ §803-33.5] Warrants issued on oral statements or electronic communications. (a) A judge or magistrate may grant the issuance of a search warrant pursuant to this section based upon a sworn oral statement communicated in person or by telephone, or based upon a sworn statement communicated electronically.

(b) In the case of an application for a warrant based on a sworn oral statement that is communicated in person or by telephone:

(1) The application may only be granted if the judge or magistrate finds that due to circumstances of time and place, a delay in obtaining a search warrant in writing or pursuant to subsection (c) may result in the destruction or disappearance of the person, place, or thing to be searched or the items to be seized;

(2) The applicant shall make a recording of all communications between the applicant and the judge or magistrate, or between any other person who provides information that is relied upon to support the application and the judge or magistrate;

(3) The judge or magistrate shall place the applicant under oath;

(4) The applicant's sworn oral statement shall be made under penalty of perjury and shall be deemed the affidavit;

(5) The judge or magistrate may examine, under oath, the applicant and any other person who provides information that is relied upon to support the application for a warrant;

(6) The judge or magistrate may examine any exhibits that are relied upon to support the application for a warrant;

(7) The application shall not be granted unless the judge or magistrate finds that there is probable cause for the issuance of the warrant;

(8) If the judge or magistrate is satisfied that there is probable cause for the issuance of a warrant, the judge or magistrate shall identify the person, place, or thing to be searched and the items to be seized;

(9) The recording of communications between the applicant and the judge or magistrate, or between any person who provides information to support the application and the judge or magistrate, shall be transcribed. A copy of the transcript shall be filed with the clerk of the court, and the recording shall be deemed the warrant; and

(10) The applicant shall provide or clearly play an audio copy of the recording to the person to be searched or from whom, or from whose premises, property is to be seized; provided that the judge or magistrate may issue a protective order that limits disclosure, which shall be subject to further order of the court.

(c) In the case of an application for a warrant based upon a sworn statement communicated electronically:

(1) The application shall consist of an affidavit and a formatted unsigned search warrant, and may be supported by exhibits;

(2) The applicant shall electronically sign the affidavit under penalty of perjury, using the "/s/ (title) (full name), (date)" format. An affidavit that is signed in accordance with this paragraph shall be deemed a sworn affidavit;

(3) Nothing in this subsection shall preclude a judge or magistrate from undertaking to examine in person or by telephone, under oath, the applicant and any other person who provides information that is relied upon to support the application for a warrant. The judge's or magistrate's examination of the applicant and any other person who provides information that is relied upon to support the application for a warrant shall be recorded and transcribed, and a copy of the transcript shall be filed with the clerk of the court;

(4) The judge or magistrate may examine any exhibits that are relied upon to support the application for a warrant;

(5) The application shall not be granted unless the judge or magistrate is satisfied that there is probable cause for the issuance of the warrant;

(6) If the judge or magistrate is satisfied that there is probable cause for the issuance of a warrant, the judge or magistrate shall electronically sign the warrant and affidavit in the same format as prescribed in paragraph (2);

(7) The judge or magistrate shall provide a copy of the electronically signed warrant and affidavit to the applicant;

(8) The judge or magistrate shall file the warrant, affidavit, and any exhibits with the clerk of the court; and

(9) The applicant shall provide or clearly display an electronic copy of the warrant to the person to be searched or from whom, or from whose premises, property is to be seized; provided that the judge or magistrate may issue a protective order that limits disclosure, which shall be subject to further order of the court.

(d) A search warrant based upon a sworn oral statement or a sworn statement communicated electronically shall not be executed between 10:00 p.m. and 6:00 a.m., unless the judge or magistrate permits execution during those hours. [L 2019, c 117, §1]
Haw. Rev. Stat. § 806-87 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-87
Evidence at hearing on motion to dismiss.
Status: in_force

(a) The defendant may introduce evidence at the hearing. The defendant may also subpoena and call witnesses if the motion is accompanied by a declaration stating that counsel for the defendant (or the defendant if appearing without counsel) has a good faith basis to believe that each witness subpoenaed will provide specific testimony to help demonstrate that the information and its exhibit or exhibits do not establish the existence of probable cause to believe that the offense charged has been committed or probable cause to believe that the defendant committed the offense charged.

(b) The court may, in its discretion, permit the State to call witnesses, introduce evidence, or otherwise supplement the exhibit or exhibits appended to the information. [L 2004, c 62, pt of §1]
Haw. Rev. Stat. § 835-5 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-5
Material witness order; hearing, determination and execution of order.
Status: in_force

(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, and any testimony so adduced shall be given under oath;

(2) The prospective witness shall testify under oath;

(3) The prospective witness may call witnesses in his behalf, and the court must cause process to be issued for any such witness whom he reasonably wished to call, and any testimony so adduced shall be given under oath;

(4) Upon the hearing, evidence tending to demonstrate that the prospective witness does or does not possess information material to the criminal action in issue, or that he will or will not be amenable or respond to a subpoena at the time his attendance will be sought, is admissible even though it consists of hearsay.

(b) If the court is satisfied after such hearing that there is reasonable cause to believe that the prospective witness[:]

(1) Possesses information material to the pending action or proceeding[;] and

(2) Will not be amenable or respond to a subpoena at a time when his attendance will be sought[;]

it may issue a material witness order, adjudging him a material witness and fixing bail to secure his future attendance.

(c) A material witness order must be executed as follows:

(1) If the bail is posted and approved by the court, the witness must be released and be permitted to remain at liberty; provided that where the bail is posted by a person other than the witness himself, he may not be so released except upon his signed written consent thereto;

(2) If the bail is not posted, or if though posted it is not approved by the court, the witness must be committed to the custody of the chief of police. [L 1971, c 214, pt of §1; HRS §718-5; ren L 1972, c 9, pt of §1]

Revision Note

In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
Haw. Rev. Stat. § 801D-2 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-2
Definitions.
Status: in_force

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 of chapter 707.

"Major developments" means arrest or release of the suspect by the police, case deferral by the police, referral to the prosecutor by the police, rejection of the case by the prosecutor, preliminary hearing date, grand jury date, trial and sentencing dates, and the disposition of the case.

"Surviving immediate family members" means surviving grandparents, parents, siblings, spouse, reciprocal beneficiary, children, and any legal guardian of the homicide victim.

"Victim" means a person against whom a crime has been committed by either an adult or a juvenile.

"Witness" means a person whose testimony or knowledge is desired in any proceeding or investigation by a grand jury or in a criminal investigation, action, prosecution, or proceeding. [L 1988, c 261, pt of §1; am L 1997, c 383, §71]
Haw. Rev. Stat. § 806-36 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-36
Property owned by corporation.
Status: in_force

All property, real and personal, whereof any body corporate shall by law have the management, control, or custody, shall, for the purpose of any indictment or proceeding against any other person for any offense committed on or in respect thereof, be deemed to be the property of the body corporate.
Haw. Rev. Stat. § 804-32 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-32
Bond pending trial and upon appeal.
Status: in_force

When anyone arrested under section 804-31 is brought before the district judge, and a continuance of the trial upon the charge is granted, the district judge shall direct the accused to give a combined appearance and temporary peace bond in a sum proportioned to the nature of the offense, with sufficient surety that the accused will commit no offense against the person or property of the complainant during the period of time the trial is continued, and the peace bond shall remain in effect upon appeal by the accused after a finding of guilt at the trial or during any appeal after a finding of guilt.
Haw. Rev. Stat. § 806-42 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-42
Second offense.
Status: in_force

In any indictment for any offense committed after a previous conviction or convictions for any felony or misdemeanor, it shall be sufficient after charging the subsequent offense to state that the offender was at a certain time and place, or at certain times and places, convicted of felony or misdemeanor, and to state the substance and effect only, omitting the formal part of the indictment and conviction for the previous offense, without otherwise describing the previous offense or offenses.
Haw. Rev. Stat. § 844D-52 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-52
Anonymous analysis of specimens and samples.
Status: in_force

Laboratories, including law enforcement laboratories, that are accredited by [the] American Society of Crime Laboratory Directors/Laboratory Accreditation Board or any certifying body approved by the Director of the FBI who contract with the department may perform anonymous analysis of specimens and samples for forensic identification as provided in this chapter.
Haw. Rev. Stat. § 853-4 — HI Code / Division 5 / Title 38 / Chapter 853 / Section 853-4
Chapter not applicable; when.
Status: in_force

(a) This chapter shall not apply when:

(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;

(2) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is:

(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or

(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;

provided that the prohibition in this paragraph shall not apply to offenses described in section 709-906(18);

(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;

(4) The offense charged is a class A felony;

(5) The offense charged is nonprobationable;

(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;

(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;

(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;

(9) A firearm was used in the commission of the offense charged;

(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;

(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;

(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;

(13) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is:

(A) Escape in the first degree;

(B) Escape in the second degree;

(C) Promoting prison contraband in the first degree;

(D) Promoting prison contraband in the second degree;

(E) Bail jumping in the first degree;

(F) Bail jumping in the second degree;

(G) Bribery;

(H) Bribery of or by a witness;

(I) Intimidating a witness;

(J) Bribery of or by a juror;

(K) Intimidating a juror;

(L) Jury tampering;

(M) Promoting prostitution;

(N) Abuse of family or household member except as provided in paragraph (2) and section 709-906(18);

(O) Sexual assault in the second degree;

(P) Sexual assault in the third degree;

(Q) A violation of an order issued pursuant to chapter 586;

(R) Promoting child abuse in the second degree;

(S) Promoting child abuse in the third degree;

(T) Electronic enticement of a child in the first degree;

(U) Electronic enticement of a child in the second degree;

(V) Commercial sexual exploitation pursuant to section 712-1200.5;

(W) Street prostitution and commercial sexual exploitation under section 712-1207(1)(b) or (2)(b);

(X) Commercial sexual exploitation near schools or public parks under section 712-1209;

(Y) Commercial sexual exploitation of a minor under section 712-1209.1;

(Z) Habitual commercial sexual exploitation under section 712-1209.5;

(AA) Violation of privacy in the first degree under section 711-1110.9;

(BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);

(CC) Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a);

(DD) Promoting gambling in the first degree; or

(EE) Promoting gambling in the second degree;

(14) The defendant has been charged with:

(A) Knowingly or intentionally falsifying any report required under part XIII of chapter 11, with the intent to circumvent the law or deceive the campaign spending commission; or

(B) Violating section 11-352 or 11-353; or

(15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle.

(b) The court may adopt by rule other criteria for purposes of this section. [L 1976, c 154, pt of §2; am L 1980, c 292, §2; am L 1993, c 130, §4 and c 234, §1; am L 1996, c 201, §3; am L 1997, c 55, §1; am L 1998, c 172, §9; am L 2000, c 4, §7; am L 2004, c 85, §1; am L 2005, c 203, §25; am L 2006, c 80, §4; am L 2007, c 288, §3; am L 2008, c 171, §11; am L 2009, c 88, §13; am L 2010, c 166, §22 and c 211, §§7, 8, 13; am L 2011, c 145, §5; am L 2013, c 53, §1; am L 2014, c 114, §5; am L 2016, c 206, §20 and c 231, §68; am L 2020, c 19, §4; am L 2021, c 33, §1, c 60, §2, and c 68, §15; am L 2022, c 111, §7]
Haw. Rev. Stat. § 802-9 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-9
Defender council.
Status: in_force

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 members. Each member shall serve without pay and shall be reimbursed for necessary expenses incurred while attending meetings and while in the discharge of the member's responsibilities. The council shall be the governing body of the office of the state public defender.
Haw. Rev. Stat. § 804-38 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-38
Offense against other than complainant; arrest.
Status: in_force

Any person who knows or has reason to suspect that any offense against the person or property of another is intended to be committed, may apply to a district judge, who shall hear the proof, and if the district judge is convinced of the existence of the intention, shall cause the person accused to be arrested, and compelled to give security in the manner above directed. [PC 1869, c 47, §7; RL 1925, §4003; RL 1935, §5457; RL 1945, §10757; RL 1955, §256-37; HRS §709-38; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 846-2.6 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-2.6
Computerized fingerprint identification system.
Status: in_force

There is established within the Hawaii criminal justice data center a computerized fingerprint identification system. The computerized fingerprint identification system shall use as its primary resource an automatic fingerprint identification system. The department of the attorney general shall coordinate the use of this system and equipment with federal, state, and county law enforcement agencies.
Haw. Rev. Stat. § 804-7.5 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7.5
[ §804-7.
Status: in_force

[ §804-7.5] Right to a prompt hearing; release or detention. (a) For the purposes of this section, "prompt hearing" means a hearing that occurs at the time of the defendant's arraignment, or as soon as practicable.

(b) Upon formal charge and detention, a defendant shall have the right to a prompt hearing concerning:

(1) Release or detention; and

(2) Whether any condition or combination of conditions will reasonably ensure:

(A) The defendant's appearance as required; and

(B) The safety of any other person and the community.

(c) At the hearing, the defendant shall have the right to be represented by counsel and, if financially unable to obtain representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify at the hearing. The defendant and the prosecution shall both be afforded an opportunity to present information by proffer or otherwise.

(d) The rules concerning the admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.

(e) The defendant may be detained pending completion of the hearing. [L 2019, c 179, §15]
Haw. Rev. Stat. § 803-47.5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47.5
Disclosure of contents of communication while in electronic storage.
Status: in_force

§803-47.5 Disclosure of contents of communication while in electronic storage.

(a)(1) A person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and

(2) A person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication that is carried or maintained on that service:

(A) On behalf of, and is either received by means of computer processing of communications or by electronic transmission, from a subscriber or customer of the service; and

(B) Solely for the purpose of providing storage or computer processing services to the subscriber or customer, if the provider is not authorized to access the contents of those communications for purposes of providing any services other than storage or computer processing.

(b) A person or entity may divulge the contents of a communication:

(1) To an addressee or intended recipient of the communication or an agent of the addressee or intended recipient;

(2) As otherwise authorized by a court order or search warrant;

(3) With the lawful consent of the originator, addressee, or intended recipient of the communication, or the subscriber in the case of a remote computing service;

(4) To a person employed or authorized or whose facilities are used to forward the communication to its destination;

(5) As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service; or

(6) To a law enforcement agency, if the contents:

(A) Were inadvertently obtained by the service provider; and

(B) Appear to pertain to the commission of a crime. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 833-2 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-2
Hearing and right to counsel.
Status: in_force

(a) The person whose removal is sought shall be brought before the district judge immediately upon arrest pursuant to the penal summons or warrant; whereupon the district judge shall set a time and place for hearing, and shall advise the person of the person's right to have the assistance of counsel, to confront the witnesses against the person, and to produce evidence in the person's own behalf at the hearing.

(b) The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the district judge shall issue an order pursuant to section 833-3.

(c) The district judge may impose conditions of release authorized by the laws of this State which will reasonably assure the appearance at the hearing of the person whose removal is sought. [L 1971, c 115, §2; HRS §713C-2; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 832-5 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-5
Extradition of persons imprisoned or awaiting trial in any state or who have left the demanding state under compulsion.
Status: in_force

When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending against the person in any state, the governor of this State may agree with the executive authority of the state for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the state, upon condition that the person be returned to the state at the expense of this State or any county thereof as soon as the prosecution in this State is terminated.

The governor of this State may also surrender on demand of the executive authority of any state any person in this State who is charged in the manner provided in section 832-3 with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily. [L 1941, c 99, §5; RL 1945, §10635; RL 1955, §250-5; HRS §713-5; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 844D-132 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-132
Procedure after testing results are obtained.
Status: in_force

(a) If the results of the post-conviction DNA testing are favorable to the defendant, the court shall conduct a hearing pursuant to applicable law or court rule governing post-conviction proceedings, notwithstanding any law or court rule that would otherwise bar such a hearing as untimely or procedurally defective, and thereafter make such orders as are necessary for disposition of those proceedings. If the results of the DNA analysis are not favorable to the defendant, the court shall give notice of the results to probation or parole authorities, as appropriate.

(b) R e cords reflecting the results of DNA analysis performed pursuant to this section, including the underlying data and laboratory notes, shall not be subject to disclosure pursuant to chapter 92F except to the extent of a conclusion that a particular person was, or was not, the source of the biological evidence analyzed.

(c) In any case as to which a motion is filed under this section, the prosecuting attorney shall give notice to the victim or surviving immediate family members of a homicide victim of the filing of the motion, any hearing that is held as a result, and its disposition. For purposes of this subsection, "victim" and "surviving immediate family members" have the same meaning as in section 801D-2.

(d) The court shall make appropriate findings of fact and conclusions of law in support of its disposition of a motion made pursuant to this section, regardless of whether a hearing was held. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 834-6 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-6
Administrator.
Status: in_force

The lieutenant governor shall be the officer who shall serve as central administrator and information agent for the Agreement on Detainers.
Haw. Rev. Stat. § 806-88 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-88
Ruling on motion to dismiss.
Status: in_force

(a) The court shall determine from an examination of the information and its attachments, and in light of any evidence presented at a hearing on a motion to dismiss the information, whether the information and its attachments establish the existence of probable cause to believe that the offense charged has been committed and that the defendant committed the offense charged.

(b) A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or on evidence that may ultimately be ruled to be inadmissible at the trial. [L 2004, c 62, pt of §1]
Haw. Rev. Stat. § 804-13 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-13
Insufficient bail.
Status: in_force

If, owing to mistake or misrepresentation, insufficient bail has been taken, or if the sureties afterwards become insufficient, the accused may be ordered to find sufficient sureties by any magistrate and on the accused's refusal, the accused may be committed for trial. [PC 1869, c 50, §12; RL 1925, §3989; RL 1935, §5443; RL 1945, §10743; RL 1955, §256-13; HRS §709-13; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 833-5 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-5
Uniformity of interpretation.
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Haw. Rev. Stat. § 804-14 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-14
Discharge of sureties.
Status: in_force

Those who may have become bail for anyone, may at any time discharge themselves, by surrendering him to the custody of any sheriff or chief of police or his authorized subordinate. [PC 1869, c 50, §14; RL 1925, §3990; am imp L 1933, c 30, §1; RL 1935, §5444; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10744; RL 1955, §256-14; HRS §709-14; ren L 1972, c 9, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 802-11 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-11
Appointment of state public defender.
Status: in_force

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 state public defender's successor is appointed and qualified. The state public defender shall be qualified to practice law before the supreme court of this State. Effective July 1, 2005, the state public defender shall be paid a salary set at eighty-seven per cent of the attorney general. The state public defender shall devote full time to the performance of the state public defender's duties and shall not engage in the general practice of law.
Haw. Rev. Stat. § 846-11 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-11
Coordination with department of corrections and rehabilitation.
Status: in_force

The data center shall coordinate its activities with the records system of the intake service centers of the department of corrections and rehabilitation. Criminal history record information shall be provided from this office to the data center and the functions of each shall be coordinated so that there will be no overlap, or duplication of efforts.
Haw. Rev. Stat. § 803-42 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-42
Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking devi
Status: in_force

(a) Except as otherwise specifically provided in this part, any person who:

(1) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(2) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any wire, oral, or electronic communication when:

(A) Such a device is affixed to, or otherwise transmits a signal through, a wire, cable, or other similar connection used in wire communication; or

(B) Such a device transmits communications by radio, or interferes with the transmission of such communication;

(3) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this part;

(4) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this part;

(5) (A) Intentionally accesses without authorization a facility through which an electronic communication service is provided; or

(B) Intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage;

(6) Intentionally discloses, or attempts to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by subsection (b)(1), (2), or (3), or section 803‑44 or 803‑46; and

(A) Either:

(i) Knowing or having reason to know that the information was obtained through the interception of the communication in connection with a criminal investigation; or

(ii) Having obtained or received the information in connection with a criminal investigation; and

(B) With the intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation[;]

(7) Intentionally installs or uses a pen register or a trap and trace device without first obtaining a court order; or

(8) Intentionally installs or uses a mobile tracking device without first obtaining a search warrant or other order authorizing the installation and use of such device, unless the device is installed by or with consent of the owner of the property on which the device is installed;

shall be guilty of a class C felony.

(b)(1) It shall not be unlawful under this part for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication services, whose facilities are used in the transmission of a wire communication, to intercept, disclose, or use that communication in the normal course of the officer's, employee's, or agent's employment while engaged in any activity that is either a necessary incident to the rendition of the officer's, employee's, or agent's service or to the protection of the rights or property of the provider of that service; provided that providers of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

(2) It shall not be unlawful under this part for an officer, employee, or agent of the Federal Communications Commission, in the normal course of the officer's, employee's, or agent's employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of title 47, chapter 5, of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.

(3) (A) It shall not be unlawful under this part for a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to the communication or when one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State.

(B) It shall not be unlawful for a person acting under color of law to install in any private place, without consent of the person or persons entitled to privacy therein, any device for recording, amplifying, or broadcasting sounds or events in that place, or use of any such unauthorized installation, or install or use outside a private place any such device to intercept sounds originating in that place which would not ordinarily be audible or comprehensible outside.

(4) It shall not be unlawful under this part for a person acting under color of law to intercept a wire, oral, or electronic communication, when the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.

(5) It shall not be unlawful under this part for any person to intercept a wire, oral, or electronic communication, or to disclose or use the contents of an intercepted communication, when such interception is pursuant to a valid court order under this chapter or otherwise authorized by law; provided that a communications provider with knowledge of an interception of communications accomplished through the use of the communications provider's facilities shall report the fact and duration of the interception to the administrative director of the courts of this State.

(6) Notwithstanding any other law to the contrary, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept or access wire, oral, or electronic communications, to conduct electronic surveillance, or to install a pen register or trap and trace device if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with:

(A) A court order directing such assistance signed by the designated judge; or

(B) A certification in writing from the Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Attorney General of the United States, the attorney general of the State of Hawaii, or the prosecuting attorney for each county that no warrant or court order is required by law, that all statutory requirements have been met, and that the specific assistance is required, setting forth the period of time during which the providing of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required.

No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any access, interception, or surveillance or the device used to accomplish the interception or surveillance for which the person has been furnished a court order or certification under this part, except as may otherwise be required by legal process and then only after prior notification to the party that provided the court order or certification.

No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order or certification under this part.

(7) It shall not be unlawful under this part for any person:

(A) To intercept or access an electronic communication made through an electronic communication system configured so that the electronic communication is readily accessible to the general public.

(B) To intercept any radio communication that is transmitted:

(i) By any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;

(ii) By any governmental, law enforcement, emergency management, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;

(iii) By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or

(iv) By any marine or aeronautical communications system.

(C) To engage in any conduct that:

(i) Is prohibited by section 633 of the Communications Act of 1934 (47 U.S.C. §553); or

(ii) Is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act (47 U.S.C. §605).

(D) To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment to the extent necessary to identify the source of the interference.

(E) For other users of the same frequency to intercept any radio communication made through a system that uses frequencies monitored by individuals engaged in the providing or the use of the system, if the communication is not scrambled or encrypted.

(8) It shall not be unlawful under this part:

(A) To use a pen register or a trap and trace device as specified in this part.

(B) For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from the fraudulent, unlawful, or abusive use of such service.

(C) For a provider of electronic or wire communication service to use a pen register or a trap and trace device for purposes relating to the operation, maintenance, and testing of the wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service.

(D) To use a pen register or a trap and trace device where consent of the user of the service has been obtained.

(9) Good faith reliance upon a court order shall be a complete defense to any criminal prosecution for illegal interception, disclosure, or use.

(10) Except as provided in this section, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than a communication to the person or entity or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of the communication or an agent of the addressee or intended recipient.

(11) A person or entity providing electronic communication service to the public may divulge the contents of any such communication:

(A) As otherwise authorized by a court order or under this part;

(B) With the lawful consent of the originator, addressee, or intended recipient of the communication;

(C) To a person employed or authorized, or whose facilities are used, to forward the communication to its destination;

(D) That was inadvertently obtained by the service provider and that appears to pertain to the commission of a crime, if divulged to a law enforcement agency; or

(E) To a law enforcement agency, public safety agency, or public safety answering point if the provider, in good faith, believes that an emergency involving danger of death or serious bodily injury to any person requires disclosure without delay of communications relating to the emergency, and is provided with a certification in writing from the governmental entity that provides the facts and circumstances establishing the existence of the emergency, that the specific disclosure is required, and sets forth the period of time during which the disclosure of the information is authorized and specifies the information required.

No cause of action shall lie in any court against any provider of electronic communication service, its officers, employees, or agents, custodian, or other specified person for disclosing information in accordance with the terms of a certification under this part. [L 1978, c 218, pt of §2; gen ch 1985; am L 1986, c 303, §2; am L 1989, c 164, §4; am L 2006, c 200, pt of §4; am L 2012, c 94, §1; am L 2014, c 111, §28]
Haw. Rev. Stat. § 802-8 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-8
Office of the state public defender.
Status: in_force

An office of state public defender is hereby created within the department of budget and finance for administrative purposes.
Haw. Rev. Stat. § 805-10 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-10
Same; summons, service.
Status: in_force

The summons shall be served by delivering a copy thereof, and showing the original to the president or other head of the corporation, or to the secretary, treasurer, or managing agent thereof.
Haw. Rev. Stat. § 806D-6 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-6
Issuance of criminal process.
Status: in_force

A judge of the district or circuit court may issue any criminal process to any recipient at any address within or out of the State, for any matter over which the court has criminal jurisdiction pursuant to section 701-106. This section does not limit a court's authority to issue warrants or legal process under other state law.
Haw. Rev. Stat. § 841-11 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-11
Witness fees and mileage; expenses.
Status: in_force

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 inquisition shall be paid by the county in which the inquest is held.
Haw. Rev. Stat. § 803-35 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-35
Deputies or police officers may serve.
Status: in_force

If the search warrant is directed to a sheriff or chief of police, it may be executed by the sheriff or chief of police or any of the sheriff's deputies or the chief's police officers. An individual or entity authorized pursuant to section 803-37 to provide technical assistance may assist a deputy or police officer. [PC 1869, c 48, §6; RL 1925, §3963; RL 1935, §5415; RL 1945, §10720; RL 1955, §255-20; HRS §708-35; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2017, c 196, §3]
Haw. Rev. Stat. § 852-1 — HI Code / Division 5 / Title 38 / Chapter 852 / Section 852-1
Refusal to provide ingress or egress.
Status: in_force

(a) Whenever ingress to or egress from any public or private place is obstructed by any person or persons in such manner as not to leave a free passageway for persons and vehicles lawfully seeking to enter or leave such place, any law enforcement officer shall direct such person or persons to move so as to provide and maintain a free and unobstructed passageway for persons and vehicles lawfully going into or out of such place. It shall be unlawful for any person to refuse or wilfully fail to move as directed by such officer.

(b) As used in this section, "law enforcement officer" means any public servant, whether employed by the State or county, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether the duty extends to all offenses or is limited to a specific class of offenses. [L Sp 1949, c 9, §1; RL 1955, §297-1; HRS §754-1; ren L 1972, c 9, pt of §1; am L 2002, c 144, §1]
Haw. Rev. Stat. § 842-11 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-11
Failure to report income; penalty.
Status: in_force

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 by chapter 235 or 237. Whoever violates this section shall be guilty of a class B felony and in addition shall be subject to any assessment and collection of taxes, penalties, and interest to which the State may be entitled under chapters 235 and 237.
Haw. Rev. Stat. § 801D-7 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-7
Televised testimony.
Status: in_force

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.
Haw. Rev. Stat. § 846F-4 — HI Code / Division 5 / Title 38 / Chapter 846F / Section 846F-4
Internet crimes against children special fund; established.
Status: in_force

(a) There is established in the state treasury the internet crimes against children special fund, into which shall be deposited:

(1) All fees collected pursuant to section 846F-3;

(2) Moneys appropriated by the legislature to the fund;

(3) Other grants and gifts made to the fund; and

(4) Any income and capital gains earned by the fund.

(b) Moneys in the internet crimes against children special fund shall be expended by the department of the attorney general for the following purposes:

(1) To provide training and equipment for local law enforcement agencies to use in investigating and prosecuting internet crimes against children, including funding to increase the forensic capacity of digital evidence;

(2) To enable law enforcement to investigate and prosecute internet crimes against children; and

(3) To assist groups working directly to combat internet crimes against children.

(c) All unexpended and unencumbered moneys remaining in the internet crimes against children special fund at the close of each fiscal year that are deemed, by the director of finance, to be in excess of the moneys necessary to carry out the purpose of this section over the following fiscal year shall lapse to the credit of the state general fund. [L 2014, c 115, pt of §2]
Haw. Rev. Stat. § 832-25 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-25
Written waiver of extradition proceedings.
Status: in_force

(a) Any person arrested in this State charged with having committed any crime in any state or alleged to have escaped from confinement, or broken the terms of the person's bail, probation, or parole may waive the issuance and service of the warrant provided for in sections 832-7 and 832-8, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing which states that the person consents to return to the demanding state; provided that before the waiver is executed or subscribed by the person the judge shall inform the person of the person's rights to the issuance and service of warrant of extradition and to obtain a writ of habeas corpus as provided for in section 832-10.

If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this State and filed therein. The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this State.

(b) Notwithstanding subsection (a), a law enforcement agency holding a person who is alleged to have broken the terms of the person's probation, parole, bail, or any other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:

(1) The person has signed a prior waiver of extradition as a term of the person's current probation, parole, bail, or other release in the demanding state; and

(2) The law enforcement agency holding the person has received both of the following:

(A) An authenticated copy of the prior waiver of extradition signed by the person; and

(B) A photograph and fingerprints properly identifying the person as the person who signed the waiver. [L 1941, c 99, §25; RL 1945, §10655; RL 1955, §250-25; HRS §713-25; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1992, c 44, §1; gen ch 1992]
Haw. Rev. Stat. § 806-2 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-2
Inapplicable to district courts.
Status: in_force

Notwithstanding any provision of this chapter that the same applies to courts of record, such provision shall not, without more, apply to district courts.
Haw. Rev. Stat. § 802-5 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-5
Appointment of counsel; compensation.
Status: in_force

(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 appeal, if any. If conflicting interests exist, or if the interests of justice require, the court may appoint private counsel, who shall receive reasonable compensation for necessary expenses, including travel, the amount of which shall be determined by the court, and reasonable fees pursuant to subsection (b). All expenses and fees shall be ordered by the court. Duly ordered payment shall be made upon vouchers approved by the director of finance and warrants drawn by the comptroller.

(b) The court shall determine the amount of reasonable compensation to appointed counsel, based on the rate of $150 an hour; provided that the maximum allowable fee shall not exceed the following schedule:

(1) Any felony case $12,000

(2) Misdemeanor case-jury trial $6,000

(3) Misdemeanor case-jury waived $3,000

(4) Appeals $9,000

(5) Petty misdemeanor case $1,800

(6) Any other type of administrative or

judicial proceeding, including cases

arising under section 571-11(1) or

571-14(a)(1) or (2) $6,000.

Payment in excess of any maximum provided for under paragraphs (1) to (6) may be made whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the administrative judge of that court.

(c) The public defender and the judiciary shall submit to the department of budget and finance for inclusion in the department's budget request for each fiscal biennium, the amount required for each fiscal year for the payment of fees and expenses pursuant to this section. [L 1971, c 185, pt of §1; HRS §705C-5; ren L 1972, c 9, pt of §1; am L Sp 1981 1st, c 22, §1; gen ch 1985; am L 1987, c 227, §1; am L 2004, c 202, §78; am L 2005, c 86, §§1, 2; am L 2006, c 94, §1 and c 133, §1; am L 2010, c 109, §1; am L 2015, c 231, §6; am L 2021, c 58, §10; am L 2025, c 199, §1]
Haw. Rev. Stat. § 804-6 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-6
Bail bond after conviction.
Status: in_force

Unless otherwise ordered by the court the bail bond given by any defendant prior to the defendant's conviction, shall, in cases where bail after conviction is permitted either absolutely or by order of the court, be continued as the bail of the defendant after conviction, and until the final determination of any subsequent proceedings in the cause.
Haw. Rev. Stat. § 844D-41 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-41
Retroactive application.
Status: in_force

Sections 844D-31, 844D-33, and 844D-34 to 844D-37 shall have retroactive application. Collection shall occur pursuant to sections 844D-34 to 844D-38 regardless of when the crime charged or committed became a qualifying offense pursuant to this chapter, and regardless of when the person was convicted of the qualifying offense described in section 844D-31(a) or a similar crime under the laws of the United States or any other state, or pursuant to the United States Code of Military Justice, for commission of a qualifying offense described in section 844D-31(a) or a similar crime under the laws of the United States or any other state.
Haw. Rev. Stat. § 832-23 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-23
Application for issuance of requisition; by whom made; contents.
Status: in_force

When the return to this State of a person charged with crime in this State is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the prosecuting attorney the ends of justice require the arrest and return of the accused to this State for trial and that the proceeding is not instituted to enforce a private claim.

When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the Hawaii paroling authority, the director of corrections and rehabilitation, the sheriff, or chief of police of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of the person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.

The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, paroling authority, director of corrections and rehabilitation, sheriff, or chief of police may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the lieutenant governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition. [L 1941, c 99, §23; RL 1945, §10653; RL 1955, §250-23; am L Sp 1959 2d, c 1, §§9, 20; am L 1963, c 34, §1; HRS §713-23; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L 1987, c 338, §10; am L 1989, c 211, §§8, 10; am L 1990, c 281, §11; am L 2022, c 278, §29]
Haw. Rev. Stat. § 832-1 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-1
Definitions.
Status: in_force

Where appearing in this chapter, the term "governor" includes any person performing the functions of governor by authority of the laws of this State. The term "executive authority" includes the governor, and any person performing the functions of governor in any state, and the term "state" includes any state other than this State, the District of Columbia, or a Territory, organized or unorganized, of the United States. The term "interstate" means between this State and any other state. The term "prosecuting officer" or "prosecuting attorney" includes the attorney general of this State, any county attorney or prosecuting attorney of any county of this State. The term "peace officer" includes any officer authorized to serve process in criminal proceedings.
Haw. Rev. Stat. § 844D-38 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-38
Collection of replacement specimen found spoiled or unusable.
Status: in_force

Whenever the department notifies the department of law enforcement or any other law enforcement agency that a biological specimen, sample, or print impression is not usable for any reason, the person who provided the original specimen, sample, or print impression shall submit to collection of additional specimens, samples, or print impressions. The department of law enforcement or other responsible law enforcement agency shall collect additional specimens, samples, or print impressions from these persons as necessary to fulfill the requirements of this chapter, and transmit these specimens, samples, or print impressions to the department.
Haw. Rev. Stat. § 803-46.5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-46.5
[ §803-46.
Status: in_force

[ §803-46.5] Emergency applications and orders. (a) If an order authorizing or approving the interception of a wire, oral, or electronic communication is immediately necessary to prevent death or injury, an emergency application for an emergency order authorizing or approving the interception of a wire, oral, or electronic communication may be submitted to a designated judge without a written memorandum recommending approval or disapproval by the department of the attorney general; provided that:

(1) The emergency application attests that the interception of a wire, oral, or electronic communication is immediately necessary to prevent death or injury;

(2) The emergency application identifies the person or persons who are in danger of death or injury, if the identity of the person or persons is known;

(3) The emergency application meets all other requirements for an application for an order authorizing or approving the interception of a wire, oral, or electronic communication as set forth in this part;

(4) The emergency order authorizing or approving the interception of a wire, oral, or electronic communication contains a finding that the order needed to be granted immediately to prevent death or injury; and

(5) The emergency order states that the interception shall terminate when the danger of death or injury has abated, a follow-up application for an order authorizing or approving the interception of a wire, oral, or electronic communication has been denied, or forty-eight hours have passed since the granting of the emergency order if no follow-up order has been granted.

(b) If an emergency order authorizing or approving the interception of a wire, oral, or electronic communication is granted, a follow-up application for a follow-up order authorizing or approving the interception of a wire, oral, or electronic communication shall be submitted to a designated judge within forty-eight hours of the granting of the emergency order. The follow-up application shall:

(1) Meet all of the requirements for an application for an order authorizing or approving the interception of a wire, oral, or electronic communication set forth in this part; and

(2) Be accompanied by a written memorandum recommending approval or disapproval by the department of the attorney general; provided that the department of the attorney general shall provide the written memorandum within twenty-four hours of the request for the written memorandum.

(c) The interception of any wire, oral, or electronic communication authorized or approved by an emergency order shall immediately terminate if:

(1) The danger of death or injury has abated;

(2) A follow-up application is denied; or

(3) A follow-up order authorizing or approving the interception of a wire, oral, or electronic communication is not granted within forty-eight hours after the granting of the emergency order.

(d) In the event a follow-up application for an order authorizing or approving the interception of a wire, oral, or electronic communication is denied, or in any other case where a follow-up order is not granted by a designated judge within forty-eight hours after the granting of an emergency order, the contents of any wire, oral, or electronic communication intercepted shall be treated as having been obtained in violation of this chapter. An application for a follow-up order and the granting of a follow-up order may occur after the interception has terminated; provided that the follow-up order is granted within forty-eight hours of the granting of the emergency order.

(e) Except as specifically provided by this section, all emergency applications for an order authorizing or approving the interception of a wire, oral, or electronic communication, emergency orders authorizing or approving the interception of a wire, oral, or electronic communication, follow-up applications for an order authorizing or approving the interception of a wire, oral, or electronic communication, and follow-up orders authorizing or approving the interception of a wire, oral, or electronic communication shall be subject to the requirements set forth in this part. [L 2025, c 78, §1]
Haw. Rev. Stat. § 802E-4 — HI Code / Division 5 / Title 38 / Chapter 802E / Section 802E-4
Court advisement concerning alien status required at the commencement of arraignment and plea hearing.
Status: in_force

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 infractions under state law, the court shall administer the following advisement on the record to all defendants present:

If you are not a citizen of the United States, whether or not you have lawful immigration status, your case may have severe and irreversible consequences, including immediate detention, deportation, or exclusion from admission or denial of naturalization to the United States. Your attorney must advise you regarding the possible consequences this case may have on your immigration status. You are not required to disclose your immigration or citizenship status to the court.
Haw. Rev. Stat. § 806-41 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-41
Ownership, not necessary to allege when.
Status: in_force

In any indictment for any of the following offenses it shall not be necessary to allege that the instrument, document, article, or thing in respect of which the offense is committed is the property of any person: the offense of stealing any testamentary instrument; the offense of stealing any original document of any court; the offense of stealing or of ripping, cutting, severing, or breaking with intent to steal anything made of metal fixed in any square or street, or in any place dedicated to public use or ornament.
Haw. Rev. Stat. § 803-24 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-24
War vessels excepted.
Status: in_force

Nothing contained within sections 803-21 to 803-23, shall be so construed as to apply to ships of war, or other vessels commanded by officers bearing the commissions of foreign states, and not subject to search by the law and usage of nations. [PC 1869, c 66, §13; RL 1925, §857; RL 1935, §1757; RL 1945, §10715; RL 1955, §255-15; HRS §708-24; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 835-7 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-7
Material witness order; compelling attendance of witness who fails to appear.
Status: in_force

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 fails to appear in such action or proceeding as required, the court may issue a warrant, addressed to a police officer, directing such officer to take such witness into custody anywhere within the State and to bring the witness to the court forthwith.
Haw. Rev. Stat. § 803-44.5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-44.5
Application for a pen register or a trap and trace device.
Status: in_force

(a) The attorney general of this State or the prosecuting attorney for each county, or a subordinate designated to act in either's absence or incapacity, may apply in writing under oath or equivalent affirmation to a designated judge or any other circuit court judge or district court judge, if a circuit court judge has not been designated by the chief justice of the Hawaii supreme court, or is otherwise unavailable, for an order or an extension of an order to authorize the installation and use of a pen register or a trap and trace device.

(b) The application shall include:

(1) The identity of the official making the application and the law enforcement agency conducting the investigation; and

(2) The facts and circumstances relied upon by the applicant to conclude that there is probable cause to believe that information will be obtained through the installation and use of a pen register or trap and trace device that will constitute the fruits, instrumentalities, or evidence of a crime covered under this part. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 844D-127 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-127
Choice of laboratory.
Status: in_force

When the court grants a motion under section 844D-123, the evidence shall be analyzed at an independent laboratory meeting standards adopted pursuant to the DNA Identification Act of 1994 (42 U.S.C. 14131). If the defendant and the prosecuting attorney cannot agree on a laboratory to perform the analysis, the court shall select the laboratory.
Haw. Rev. Stat. § 835-3 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-3
Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness.
Status: in_force

(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 to by the applicant, demonstrating reasonable cause to believe the existence of facts, as specified in section 835-2(a), warranting the adjudication of the person as a material witness.

(b) If the court is satisfied that the application is well-founded, the prospective witness may be compelled to appear in response thereto as follows:

(1) The court may issue an order directing the prospective witness to appear therein at a designated time in order that a determination may be made whether the prospective witness should be adjudged a material witness and, upon personal service of the order or a copy thereof within the State, the prospective witness shall so appear; and

(2) If in addition to the allegations specified in section 835-2(a), the application contains further allegations demonstrating to the satisfaction of the court reasonable cause to believe that:

(A) The witness would be unlikely to respond to the order; or

(B) After previously having been served with the order, the witness did not respond thereto,

the court may issue a warrant addressed to a police officer, directing the officer to take the prospective witness into custody within the State and to bring the prospective witness before the court forthwith in order that a proceeding may be conducted to determine whether the prospective witness is to be adjudged a material witness. [L 1971, c 214, pt of §1; HRS §718-3; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2015, c 35, §34; am L 2025, c 21, §22]
Haw. Rev. Stat. § 844D-35 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-35
Collection from persons on probation, parole, or other release.
Status: in_force

(a) A person, except for any juvenile, shall provide buccal swab samples and print impressions and, if required pursuant to this chapter, blood specimens if:

(1) The person is on probation or parole for any felony offense, whether or not that crime or offense is one set forth in section 844D-31(a);

(2) The person has a record of any past or present conviction of a qualifying offense described in section 844D-31 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31; and

(3) The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department or have not been recorded as part of the state DNA database and data bank identification program.

(b) The person shall have any required specimens, samples, or print impressions collected within twenty working days of being notified by the court, or a law enforcement agency or other entity authorized by the department. The specimens, samples, or print impressions shall be collected in accordance with section 844D-21 at a correctional facility or a state, county, private, or other facility designated for this collection. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 831-2 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-2
Rights lost.
Status: in_force

(a) A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, may not:

(1) Vote in an election, but if the defendant is placed on probation or the defendant is paroled after commitment to imprisonment, the defendant may vote during the period of the probation or parole; or

(2) Become a candidate for or hold public office.

(b) A public office held at the time of conviction is forfeited as of the date of the conviction, if the conviction is in this State, or, if the conviction is in another state or in a federal court, as of the date a certification of the conviction from the trial court is filed in the office of the lieutenant governor who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section.

For purposes of this section:

"Public office" means an office held by an elected official, department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor, chief justice, office of Hawaiian affairs, or the judicial selection commission, or are required by law to be confirmed by the senate.

"Time of conviction" means the day upon which the person was found guilty of the charges by the trier of fact or determined to be guilty by the court.

(c) Subsections (a) and (b) of this section and any other laws to the contrary notwithstanding, any person convicted of any act, attempt, or conspiracy to overthrow the state or the federal government by force or violence shall not hold any public office or employment. [L 1969, c 250, pt of §1; HRS §716-2; ren L 1972, c 9, pt of §1; am L 1979, c 53, §2; gen ch 1985; am L 2002, c 171, §2; am L 2003, c 150, §3; am L 2006, c 253, §3]
Haw. Rev. Stat. § 844D-32 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-32
Application to all qualifying persons.
Status: in_force

(a) The provisions of this chapter, including the requirement that all specimens, samples, and print impressions shall be provided as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any sentence of life without the possibility of parole, or any life or indeterminate term, or any other disposition rendered in the case of an adult.

(b) The provisions of this chapter, including the requirement that all specimens, samples, and print impressions be provided as soon as administratively practicable by qualified persons as described in this section shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility.

(c) The provisions of this chapter are mandatory and apply whether or not the court advises a person that the person must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subsection (a). [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 806-23 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-23
Misjoinder.
Status: in_force

No indictment shall be quashed, set aside, or dismissed, nor shall any demurrer thereto be sustained for misjoinder of parties defendant or for misjoinder of offenses charged; and if either defect exists the court may sever the indictment containing it into separate indictments or into separate counts as shall be proper.
Haw. Rev. Stat. § 844D-84 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-84
When disclosure is not a violation.
Status: in_force

(a) It is not a violation of this chapter for a law enforcement agency, in its discretion, to publicly disclose the fact of a DNA profile match, or the name of the person identified by the DNA match when this match is the basis of law enforcement's investigation, arrest, or prosecution of a particular person, or the identification of a missing or abducted person.

(b) It is not a violation of this chapter to furnish DNA or other forensic identification information of the defendant to the person's defense counsel for criminal defense purposes in compliance with discovery.

(c) It is not a violation of this chapter for law enforcement to release DNA and other forensic identification information developed pursuant to this chapter to a jury or grand jury, or in a document filed with a court or administrative agency, or as part of a judicial or administrative proceeding, or for this information to become part of the public transcript or record of proceedings when, in the discretion of law enforcement, disclosure is necessary because the DNA information pertains to the basis for law enforcement's identification, arrest, investigation, prosecution, or exclusion of a particular person related to the case.

(d) It is not a violation of this chapter to include information obtained from a file in a transcript or record of a judicial proceeding, or in any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.

(e) It is not a violation of this chapter for the department, or an organization retained as an agent of the department, or a local public laboratory to use anonymous records or criminal history information obtained pursuant to this chapter for training, research, statistical analysis of populations, or quality assurance or quality control. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 836-2 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-2
Summoning witness in this State to testify in another state.
Status: in_force

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 a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person in this State is a material witness in the prosecution or grand jury investigation, and that the person's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in this State in the judicial district in which the person is, the judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.

If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, and of any other state through which the witness may be required to pass by ordinary course of travel, will give to the witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons, except that no judge shall issue a summons in a case where prosecution is pending, or where a grand jury investigation has commenced or is about to commence for a criminal violation of a law of another state involving the provision, paying for, receipt of, or assistance with reproductive health care services as defined in section 323J-1 unless the acts forming the basis of the prosecution or investigation would also constitute an offense in this State. In any hearing, the certificate shall be prima facie evidence of all the facts stated therein.

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness' attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before the judge for the hearing; and the judge at the hearing being satisfied of the desirability of the custody and delivery, for which determination the certificate shall be prima facie proof of the desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

If the witness, who is summoned pursuant to this section, after being paid or tendered by some properly authorized person a sum equivalent to the cost of round-trip air fare to the place where the prosecution is pending and $30 for each day, that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. [L 1971, c 116, §2; HRS §719-2; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2023, c 2, §5]
Haw. Rev. Stat. § 846-53 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-53
Responsibility of agencies.
Status: in_force

Agencies that have investigative, detention, custodial, adjudicative, or program responsibility for adult or juvenile offenses shall cooperate with the attorney general in establishing the hate crime reporting system by:

(1) Providing information in the agency files that can be included pursuant to the format approved by the attorney general;

(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the attorney general;

(3) Reporting information to the attorney general that is timely, complete, and accurate after the occurrence of an event over which the agency had direct responsibility; and

(4) Maintaining procedures for the periodic checking of information to minimize the possibility of storing and maintaining inaccurate information. [L 2001, c 240, pt of §2]
Haw. Rev. Stat. § 804-62 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-62
Limit of compensation; penalty.
Status: in_force

(a) The amount of compensation which may be collected on any bail bond or bond to keep the peace by one or more persons acting as sureties thereon shall not exceed a one time only fee from five to fifteen per cent of the amount thereof, but need not be less than $50 in any event; provided that additional fees, subject to subsection (b), may be collected for:

(1) The posting of a surety insurance bond as defined in section 431:1-210(1);

(2) The posting of a bond on behalf of a person whose case is pending appeal; or

(3) The posting of a bond in which more than one year has passed since the filing thereof.

(b) The compensation collected pursuant to sections 804-62(a)(2) and (a)(3), in any year after the first year, may be collected annually, and:

(1) Shall be charged on a prorated basis; and

(2) Shall not exceed the percentage charged in the first year.

(c) Every person holding a license to act as surety on any bail bond or bond to keep the peace who violates this section shall be fined not more than $250 and shall forfeit the license and shall not be entitled to receive a similar license for a period of one year thereafter. [L 1990, c 164, pt of §3; am L 1993, c 181, §3]
Haw. Rev. Stat. § 842-4 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-4
Prohibited affirmative defense.
Status: in_force

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.
Haw. Rev. Stat. § 842-5 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-5
Forfeiture of corporate charters and cancellation of registrations and licenses.
Status: in_force

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 license authorizing any foreign corporation to carry on business or charitable work in this State, when:

(1) (A) Any of the corporate officers or any other person controlling the management or operation of the corporation, with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and majority of the directors should have such knowledge, is engaged in organized crime or who is connected directly or indirectly with organizations or criminal societies engaging in organized crime[;] or

(B) A director, officer, employee, agent, or stockholder acting for, through, or on behalf of a corporation, in conducting the corporation's affairs, purposely engages in a persistent course of organized crime with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and a majority of the directors should have such knowledge, with the intent to compel or induce other persons, firms, or corporations to deal with the corporation or to engage in organized crime; and

(2) The public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the registration and license to be canceled, for the prevention of future illegal conduct of the same character. [L 1972, c 71, pt of §2]
Haw. Rev. Stat. § 846-8 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-8
Exclusions.
Status: in_force

This chapter shall not apply to criminal history record information contained in:

(1) Posters, announcements, or lists for identifying or apprehending fugitives or wanted persons;

(2) Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public if such records are organized on a chronological basis;

(3) Court records of public judicial proceedings;

(4) Published court or administrative opinions or public judicial, administrative, or legislative proceedings;

(5) Records of traffic offenses maintained for the purpose of regulating the issuance, suspension, revocation, or renewal of driver's, pilot's, or other operators' license;

(6) Announcements of executive clemency or pardon, by the Hawaii paroling authority or the governor of the State.

Nothing in this chapter shall prevent a criminal justice agency from disclosing, to the public, criminal history record information related to the offense for which an individual is currently within the criminal justice system, including the individual's place of incarceration; and, nothing in this chapter shall prevent a criminal justice agency from confirming prior criminal history record information to members of the news media or any other person, upon specific inquiry as to whether a named individual was arrested, detained, indicted, or other formal charge was filed, on a specific date, if the arrest record information or criminal history record information disclosed is based on data excluded by the first paragraph of this section. Nothing in this chapter prohibits the dissemination of criminal history record information for purposes of international travel, such as issuing visas and granting of citizenship. [L 1979, c 129, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 806-40 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-40
Document of title.
Status: in_force

In any indictment for stealing or for any fraudulent purpose, destroying, canceling, obliterating, or concealing the whole or any part of any document of title to lands, it shall be sufficient to allege the document to be or to contain evidence of the title or of part of the title of the person or of some one of the persons having an interest whether vested or contingent, legal or equitable, in the real estate to which the same relates, and to mention the real estate or some part thereof.
Haw. Rev. Stat. § 844D-73 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-73
No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions.
Status: in_force

Notwithstanding any other provision of law, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in section 844D-31 or is given a deferred acceptance of plea under chapter 853.
Haw. Rev. Stat. § 803-6 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-6
Arrest, how made.
Status: in_force

(a) At or before the time of making an arrest, the person shall declare that the person is an officer of justice, if such is the case. If the person has a warrant the person should show it; or if the person makes the arrest without warrant in any of the cases in which it is authorized by law, the person should give the party arrested clearly to understand for what cause the person undertakes to make the arrest, and shall require the party arrested to submit and be taken to the police station or judge. This done, the arrest is complete.

(b) In any case in which it is lawful for a police officer to arrest a person without a warrant for a misdemeanor, petty misdemeanor, or violation, the police officer may, but need not, issue a citation in lieu of the requirements of subsection (a), if the police officer finds and is reasonably satisfied that:

(1) The person will appear in court at the time designated;

(2) The person has no outstanding arrest warrants that would justify the person's detention or give indication that the person might fail to appear in court; and

(3) The offense is of such nature that there will be no further police contact on or about the date in question or in the immediate future.

(c) The citation shall contain:

(1) The name of the offender;

(2) The current address of the offender, if available;

(3) The last four digits of the offender's social security number, if available;

(4) A description of the offender;

(5) The nature of the offense;

(6) The time and date of the offense;

(7) A notice of time and date for court appearance;

(8) The signature and badge number of the officer;

(9) The signature of the offender agreeing to court appearance, unless the offender refuses, or is unable to sign;

(10) Any remarks; and

(11) A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both;

provided that omission of any of the information listed in paragraphs (1) to (11) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.

(d) Where a citation has been issued in lieu of the requirements of subsection (a), the officer who issues the summons or citation may subscribe to the complaint:

(1) Under oath administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath; or

(2) By declaration in accordance with the rules of court.

(e) If a person fails to appear in answer to the citation; or if there is reasonable cause to believe that the person will not appear, a warrant for the person's arrest may be issued. A knowing failure to appear in answer to the citation may be punished by a fine of not more than $1,000 or imprisonment of not more than thirty days or both. [PC 1869, c 49, §6; RL 1925, §3972; RL 1935, §5405; RL 1945, §10706; am L 1953, c 42, §1; RL 1955, §255-6; HRS §708-6; ren L 1972, c 9, pt of §1; am L 1975, c 64, §1; am L 1978, c 228, §1; gen ch 1985; am L 1988, c 179, §1; am L 2002, c 71, §1; am L 2007, c 13, §1; am L 2025, c 2, §1]
Haw. Rev. Stat. § 806-37 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-37
Money, etc.
Status: in_force

§806-37 Money, etc., how described. In every indictment whatsoever in which it is necessary to make any averment as to any money or valuable security, and in every indictment for embezzlement, fraudulent application, or fraudulent disposition where the offense relates to any valuable security, it shall be sufficient to describe the money or valuable security simply as money, without specifying any particular coin or valuable security. And the allegation so far as regards the description of the property, shall in all cases be sustained by proof of any amount of coin, and in the cases of the offenses hereinbefore in this section specially named of any valuable security, although the particular species of coin of which the amount was composed or the particular nature of the valuable security is not proved, and in the cases of the offenses so specially named and also in the case of obtaining money or other property by false pretenses, by proof that the offender embezzled, fraudulently applied or disposed of any amount or obtained any piece of coin or any valuable security or any portion of the value thereof respectively, although the piece of coin or valuable security (as the case may be) may have been delivered to the offender in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and the part has been returned accordingly.
Haw. Rev. Stat. § 844D-37 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-37
Collection from persons accepted into Hawaii from other jurisdictions.
Status: in_force

(a) When an offender from another state is accepted into this State under any interstate compact, or under any other reciprocal agreement with any county, state, or federal agency, or any other provision of law, whether or not the offender is confined or released, the acceptance shall be conditional on the offender providing blood specimens, buccal swab samples, or print impressions pursuant to this chapter, if the offender has a record of any past or present conviction or adjudication in Hawaii of a qualifying offense described in section 844D-31 or has a record of any past or present conviction or adjudication or had a disposition rendered in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31.

(b) If the person is not confined, the specimens, samples, or print impressions required by this chapter shall be provided within twenty working days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first. The person shall report to a correctional facility in the county where the person resides or temporarily is located to have the specimens, samples, or print impressions collected pursuant to this chapter. The specimens, samples, or print impressions shall be collected in accordance with this chapter.

(c) If the person is confined, the person shall provide the blood specimens, buccal swab samples, or print impressions required by this chapter as soon as practicable after the person's receipt in a state, county, private, or other designated facility. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 832-6 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-6
Extradition of persons not present in demanding state at time of commission of crime.
Status: in_force

The governor of this State may also surrender, on demand of the executive authority of any state, any person in this State charged in the state in the manner provided in section 832-3 with committing an act in this State, or in another state, intentionally resulting in a crime in the state whose executive authority is making the demand, and this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Haw. Rev. Stat. § 803-32 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-32
Purposes.
Status: in_force

The power of granting this writ is one in the exercise of which much is necessarily left to the discretion of the magistrate, but, except in cases where this power is elsewhere specially granted by statute, search warrants can be granted only for the following purposes:

(1) To seize any article or thing the possession of which is prohibited by law;

(2) To discover property taken by theft or under false pretenses, or found and fraudulently appropriated;

(3) To seize forged instruments in writing, or counterfeit coin intended to be passed, or the instruments or materials prepared for making them;

(4) To seize arms or munitions prepared for the purpose of insurrection or riot;

(5) To discover articles necessary to be produced as evidence or otherwise on the trial of any one accused of a criminal offense. [PC 1869, c 48, §3; am L 1876, c 52, §1; RL 1925, §3960; am L Sp 1933, c 16, §1; RL 1935, §5412; RL 1945, §10717; RL 1955, §255-17; HRS §708-32; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 831-5 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-5
Certificate of discharge.
Status: in_force

(a) If the sentence was in this State, the order, certificate, or other instrument of discharge, given to a person sentenced for a felony upon the person's discharge after completion of service of the person's sentence or after service under probation or parole, shall state that the defendant's rights to vote and to hold any future public office, of which the defendant was deprived by this chapter, are thereby restored and that the defendant suffers no other disability by virtue of the defendant's conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction.

(b) If the sentence was in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the director of social services of this State, upon application and proof of the discharge in such form as the director of social services may require, shall issue a certificate stating that such rights have been restored to the convicted person under the laws of this State.

(c) If another state having an act similar to this chapter issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which the defendant was deprived in this State under this chapter are restored to the defendant in this State. [L 1969, c 250, pt of §1; HRS §716-5; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 803-10 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-10
Penalty.
Status: in_force

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.
Haw. Rev. Stat. § 844D-131 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-131
Additional orders.
Status: in_force

(a) The court may in its discretion make such other orders as may be appropriate. This includes but is not limited to designating:

(1) The type of DNA analysis to be used;

(2) The testing procedures to be followed;

(3) The preservation of some portion of the sample for replicating the testing;

(4) Additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis; and

(5) The collection and DNA testing of elimination samples from third parties.

(b) DNA profile information from biological samples taken from any person pursuant to a motion for post-conviction DNA testing shall be exempt from any law requiring disclosure of information to the public. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 803-49 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-49
Severability.
Status: in_force

If any portion or subsection of this part or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other sections or applications of the part which can be given effect without the invalid section or application, and to this end the provisions of this part are declared to be severable.
Haw. Rev. Stat. § 803-47.7 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47.7
Backup preservation.
Status: in_force

(a) A governmental entity may include in its court order a requirement that the service provider create a backup copy of the contents of the electronic communication without notifying the subscriber or customer. The service provider shall create the backup copy as soon as practicable, consistent with its regular business practices, and shall confirm to the governmental entity that the backup copy has been made. The backup copy shall be created within two business days after receipt by the service provider of the subpoena or court order.

(b) The governmental entity must give notice to the subscriber or customer within three days of receiving confirmation that a backup record has been made, unless notice is delayed pursuant to the procedures herein.

(c) The service provider shall not destroy the backup copy until the later of:

(1) The delivery of the information; or

(2) The resolution of any proceedings, including any appeal therefrom, concerning a court order.

(d) The service provider shall release the backup copy to the requesting governmental entity no sooner than fourteen days after the governmental entity's notice to the subscriber or customer, if the service provider:

(1) Has not received notice from the subscriber or customer that the subscriber or customer has challenged the governmental entity's request; and

(2) Has not initiated proceedings to challenge the request of the governmental entity.

(e) Within fourteen days after notice by the governmental entity to the subscriber or customer under subsection (b) of this section, the subscriber or customer may file a motion to vacate the court order, with written notice and a copy of the motion being served on both the governmental entity and the service provider. The motion to vacate a court order shall be filed with the designated judge who issued the order. The motion or application shall contain an affidavit or sworn statement:

(1) Stating that the applicant is a customer or subscriber to the service from which the contents of electronic communications are sought; and

(2) Setting forth the applicant's reasons for believing that the records sought does not constitute probable cause or there has not been substantial compliance with some aspect of the provisions of this part.

(f) Upon receiving a copy of the motion from the subscriber or customer, the governmental agency shall file a sworn response to the court to which the motion is assigned. The response shall be filed within fourteen days. The response may ask the court for an in camera review, but must state reasons justifying such a review. If the court is unable to rule solely on the motion or application and response submitted, the court may conduct such additional proceedings as it deems appropriate. A ruling shall be made as soon as practicable after the filing of the governmental entity's response.

(g) If the court finds that the applicant is not the subscriber or customer whose communications are sought, or that there is reason to believe that the law enforcement inquiry is legitimate and the justification for the communications sought is supported by probable cause, the application or motion shall be denied, and the court shall order the release of the backup copy to the government entity. A court order denying a motion or application shall not be deemed a final order, and no interlocutory appeal may be taken therefrom by the customer. If the court finds that the applicant is a proper subscriber or customer and the justification for the communication sought is not supported by probable cause or that there has not been substantial compliance with the provisions of this part, it shall order vacation of the order previously issued. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 846E-12 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-12
Tolling.
Status: in_force

The time periods provided for in this chapter shall be tolled during any period of time the covered offender is committed or recommitted to prison or confined to a halfway house, or an equivalent facility, pursuant to a parole or probation violation.
Haw. Rev. Stat. § 832-26 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-26
Nonwaiver by this State.
Status: in_force

Nothing in this chapter shall be deemed to constitute a waiver by this State of its right, power, or privilege to try the demanded person for crime committed within this State, or of its right, power, or privilege to regain custody of the person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this State, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges, or jurisdiction in any way whatsoever.
Haw. Rev. Stat. § 806D-5 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-5
Recipients' immunity from liability.
Status: in_force

A recipient of criminal process under this chapter, and any other person that responds to such process is immune from civil and criminal liability for complying with the process, and for any failure to provide notice of any disclosure to the person who is the subject of or identified in the disclosure.
Haw. Rev. Stat. § 803-17 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-17
United States marshal or deputy United States marshal; arrest powers.
Status: in_force

A United States marshal or deputy United States marshal, without a warrant, may arrest a person if:

(1) The marshal or deputy marshal is on duty;

(2) One or more of the following situations exists:

(A) The person commits an assault or other crime involving physical harm, defined and punishable under chapter 707, against the marshal or deputy marshal or against any other person in the presence of the marshal or deputy marshal;

(B) The marshal or deputy marshal has probable cause to believe that a crime as provided in subparagraph (A) has been committed and has probable cause to believe that the person to be arrested has committed the crime; or

(C) The marshal or deputy marshal has received information by written, telegraphic, telephonic, radio, or other authoritative source that a law enforcement officer holds a warrant for the person's arrest; and

(3) The head of the Hawaii district office for the United States [Marshals] Service certifies to the State that the marshal or deputy marshal has received proper training within the agency to enable that officer to enforce or administer this section. [L 2008, c 95, §1]
Haw. Rev. Stat. § 806D-2 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-2
Production of records.
Status: in_force

(a) This section shall apply to any criminal process allowing for search of or commanding production of records that are in the actual or constructive possession of a recipient who is properly served outside the State, regardless of whether the recipient or the records are physically located within the State.

(b) When properly served with criminal process issued under this section, the recipient shall provide the applicant all records sought pursuant to the criminal process. The records shall be produced within twenty business days of service of the criminal process, unless the process requires earlier production. An applicant may consent to a recipient's request for additional time to comply with the criminal process.

(c) Criminal process issued under this section shall contain the following language in bold type on the first page of the document:

"This [warrant, subpoena, order] is issued pursuant to §806D-2, Hawaii Revised Statutes. Production is due within twenty business days of service, unless a shorter time is stated herein, or the applicant consents to a recipient's request for additional time to comply."

(d) If the issuing court finds reason to suspect that failure to produce records within twenty business days would cause an adverse result, the criminal process may require production of records within less than twenty business days. The court may reasonably extend the time required for production of the records upon finding that the recipient has shown good cause for requesting that extension and that an extension of time would not cause an adverse result.

(e) When properly served with criminal process issued under this section, a recipient who seeks to quash the criminal process may seek relief from the issuing court only within the time originally required for production of records. The issuing court shall hear and decide the motion no later than five court days after the motion is filed. An applicant's consent, under subsection (b), to a recipient's request for additional time to comply with the criminal process shall not extend the date by which a recipient who seeks relief may do so. [L 2012, c 325, pt of §2]
Haw. Rev. Stat. § 846-2.5 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-2.5
Purpose of the criminal justice data center.
Status: in_force

(a) The Hawaii criminal justice data center, hereinafter referred to as the "data center", shall be responsible for the collection, storage, dissemination, and analysis of all pertinent criminal justice data from all criminal justice agencies, including, the collection, storage, and dissemination of criminal history record information by criminal justice agencies in such a manner as to balance the right of the public and press to be informed, the right of privacy of individual citizens, and the necessity for law enforcement agencies to utilize the tools needed to prevent crimes and detect criminals in support of the right of the public to be free from crime and the fear of crime.

(b) The attorney general shall select and enforce systems of identification, including fingerprinting, of: all adults arrested for a criminal offense; all persons to whom penal summonses or citations have been issued for a criminal offense and who have been convicted or granted a deferred acceptance of guilty or nolo contendere plea or a conditional discharge; and without the necessity of a court order, children who are twelve years of age or older who come within section 571-11(1) and who are taken into custody for committing an act that, if committed by an adult, would be a felony, a misdemeanor, or a petty misdemeanor. The attorney general shall provide for the collection, recording, and compilation of data and statistics relating to crime. Unless a child's physical fingerprint record is otherwise authorized to be entered into the system, and notwithstanding any law to the contrary, the attorney general shall purge any child's electronic fingerprint record entered into the identification system pursuant to this subsection either, upon court order or when: the child attains the age of twenty-five years; the child is determined not to be responsible for committing the act for which the fingerprints were taken; or the child is not informally adjusted under section 571-31.4 and a petition is not filed within one year from the date the child is taken into custody. The court shall notify the attorney general when a child is determined not to be responsible for committing the act for which the fingerprints were taken. A child's fingerprint record shall not be transmitted to any system outside the State.

Notwithstanding any law to the contrary, upon the conviction of a person to whom a penal summons complaint or a citation has been issued for a criminal offense, or upon the granting of a deferred acceptance of a guilty or nolo contendere plea or a conditional discharge to such person, the court shall order the person to report, within seven days, to the appropriate police department, sheriff's office, or other governmental agency for identification processing, including fingerprinting and photographing, as provided under this subsection. Failure to comply with a court order for identification processing under this subsection will constitute criminal contempt of court in violation of section 710-1077.

The several counties shall provide the necessary equipment and the compensation of the persons required to install and carry out the work of the systems of identification and statistics in their respective jurisdictions; provided that those expenses in connection with matters exclusively within the control of the State shall be borne by the State; and provided further that the State shall provide for the management and equipment maintenance of the computerized fingerprint identification system.

The systems shall be uniform throughout the State, shall be continuous in operation, and shall be maintained as far as possible in a manner as shall be in keeping with the most approved and modern methods of identification and of the collection and compilation of the statistics.

The attorney general shall keep a uniform record of the work of the courts, prosecuting officers, the police, and other agencies or officers for the prevention or detection of crime and the enforcement of law in a form suitable for the:

(1) Study of the cause and prevention of crime and delinquency and of the efforts made and efficacy thereof to detect or prevent crime and to apprehend and punish violators of law; and

(2) Examination of the records of the operations of those officers and the results thereof.

(c) The attorney general may prescribe, establish, and change forms to be followed in keeping records and in making reports to the data center. All courts and the judges and other officers thereof and all prosecuting officers, chiefs of police, and other agencies and officers for the prevention or detection of crime and for the enforcement of law shall use such forms, keep such records, and make such reports to the data center as may be so required.

(d) In order to accomplish this purpose, the data center shall develop systems and provide the structure that support criminal justice information systems, provide statistical research and data analysis, and make public periodic reports which shall provide the public with a clear view of the criminal justice systems. [L 1980, c 269, §1; am L 1982, c 57, §2; am L 1983, c 78, §3(5); am L 1985, c 119, §1; am L 1988, c 58, §1; am L 1995, c 100, §3; am L 1997, c 292, §2; am L 2001, c 196, §2; am L 2025, c 11, §1]
Haw. Rev. Stat. § 844D-129 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-129
Appeal.
Status: in_force

In accordance with applicable rules of court, the defendant may appeal to the supreme court and intermediate court of appeals from an order denying a motion made pursuant to this part.
Haw. Rev. Stat. § 803-5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-5
By police officer without warrant.
Status: in_force

(a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence or otherwise.

(b) For purposes of this section, a police officer has probable cause to make an arrest when the facts and circumstances within the officer's knowledge and of which the officer has reasonably trustworthy information are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed. [PC 1869, c 49, §5; RL 1925, §3971; RL 1935, §5404; RL 1945, §10705; RL 1955, §255-5; HRS §708-5; ren L 1972, c 9, pt of §1; am L 1980, c 105, §1; am L 1981, c 186, §1; am L 1982, c 221, §1]
Haw. Rev. Stat. § 846D-3 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-3
Responsibility of agencies.
Status: in_force

Agencies that have investigative, detention, custodial, adjudicative, and program responsibility for juveniles shall cooperate with the attorney general in establishing the juvenile justice information system by:

(1) Providing information in the agency files that can be included pursuant to the format approved by the juvenile justice information committee;

(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the juvenile justice information committee;

(3) Reporting information to the attorney general that is timely, complete, and accurate, after the occurrence of an event over which the agency had direct responsibility; and

(4) Maintaining procedures for the periodic checking of information to minimize the possibility of storing and maintaining inaccurate information. [L 1991, c 311, pt of §2]
Haw. Rev. Stat. § 806-30 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-30
Alternative allegations.
Status: in_force

In an indictment for an offense which is constituted of one or more of several acts or which may be committed by one or more of several means or with one or more of several intents, or which may produce one or more of several results, two or more of those acts, means, intents, or results may be charged in the alternative.
Haw. Rev. Stat. § 844D-74 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-74
Not a basis for invalidation of identification or suppression of identification evidence.
Status: in_force

Nothing in this part shall be construed to invalidate an otherwise valid identification of a person by means of DNA testing or to provide the basis for a suppression of otherwise admissible evidence related to identification of a person based on DNA testing.
Haw. Rev. Stat. § 806-27 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-27
Indictment; defects and omissions.
Status: in_force

No indictment shall be held invalid or insufficient for want of the averment of any matter unnecessary to be proved; for any defect or omission of any matter of form only; for any miswriting, misspelling, or improper English, or the use of abbreviations, signs, symbols, or foreign words locally in common use and commonly understood; for the omission of the words "as appears upon the record", or "as appears by the record" or of the words "against the peace" or of the words "against the form of the statute" or of the words "against the form of the statutes"; or, provided jurisdiction of the court is shown with certainty sufficient to satisfy a person of ordinary intelligence, for stating time or place imperfectly or incorrectly.

No indictment shall be held invalid or insufficient for want of an averment that the grand jurors were impaneled, sworn, or charged; for want of a proper or formal conclusion; for want of or imperfection in the addition of any defendant; or because any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of the person's proper name; or because the initial of any person's given name is stated instead of the person's given name; or for want of a statement of value or price or the amount of damage or injury in any case where the value or price or the amount of damage or injury is not of the essence of the offense.

No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected, by reason of any defect or imperfection in matter or form, which shall not prejudice or tend to prejudice the defendant. [L 1876, c 40, §15; am L 1903, c 39, §7; am L 1915, c 215, §1; RL 1925, §4039; add L 1927, c 262, §1; RL 1935, §5498; RL 1945, §10800; RL 1955, §258-10; HRS §711-27; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 804-9.5 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-9.5
Unsecured bail.
Status: in_force

(a) The court may order the defendant released upon the execution of an unsecured financial bond for all or part of the bail amount by the defendant and any additional obligors as may be required by the court, upon the deposit of cash or other security as described in section 804‑11.5 for any remaining bail amount not covered by the unsecured financial bond, and subject to any other conditions of release that will reasonably assure the appearance of the defendant in court as required and protect the public.

(b) In the event that a defendant fails to appear in court as required or breaches any other condition of release, the court shall enter an order of forfeiture of the unsecured financial bond.

(c) In granting or denying unsecured bail, the court may consider:

(1) The defendant's:

(A) Employment status and history;

(B) Family relationships, specifically the nature and extent of those relationships;

(C) Past and present residences;

(D) Character and reputation;

(E) Ties to the community;

(F) Financial circumstances; and

(G) Prior criminal record, if any, and any prior failures to appear in court;

(2) The agreement of any person to assist the defendant to appear in court when required and to satisfy the conditions of release;

(3) The results of an empirical and validated pretrial risk assessment;

(4) The offense charged and any potential sentence; and

(5) Any other facts the court finds relevant to the defendant's likelihood to appear in court and satisfy the conditions of release. [L 2019, c 277, §1]
Haw. Rev. Stat. § 805-2 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-2
Copy of complaint.
Status: in_force

In executing the warrant of arrest as provided in section 805-1, the arresting officer shall hand to the accused a copy of the complaint after showing the accused the original.
Haw. Rev. Stat. § 803-40 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-40
[ §803-40] Securing of entrances after search.
Status: in_force

[ §803-40] Securing of entrances after search. Each county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers shall develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed.
Haw. Rev. Stat. § 804-7.3 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7.3
Sanctions for violation of conditions of release on bail, recognizance, or supervised release.
Status: in_force

After hearing, and upon finding that the defendant has intentionally violated reasonable conditions imposed on release on bail, recognizance, or supervised release, the court may impose different or additional conditions upon defendant's release or revoke defendant's release on bail, recognizance, or supervised release.
Haw. Rev. Stat. § 846-12 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-12
Juvenile records.
Status: in_force

Dissemination and disposition of records concerning proceedings relating to the adjudication of a juvenile as a delinquent or in need of supervision (or the equivalent) in family court to noncriminal justice agencies is prohibited, unless a statute, court order, rule, or decision, or federal executive order specifically authorizes such dissemination, except that juvenile records may be disseminated to individuals and agencies set forth in paragraphs (3) and (4) of section 846-9. Juvenile records disseminated to noncriminal justice agencies shall be used only for the purposes for which they were given and may not be disseminated further.
Haw. Rev. Stat. § 844D-93 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-93
Disposal of unused and expired specimens.
Status: in_force

The department is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples in the normal course of business and in compliance with part XI of this chapter and in a reasonable manner as long as the disposal method is designed to protect the identity and origin of specimens and samples from disclosure to third persons who are not a part of law enforcement.
Haw. Rev. Stat. § 844D-34 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-34
Collection from persons confined or in custody after conviction or adjudication.
Status: in_force

A person, except for any juvenile, shall provide buccal swab samples and print impressions and, if required by the collecting agency's rules or internal regulations, blood specimens, immediately at intake, or during the prison reception center process, or as soon as administratively practicable at the appropriate custodial or receiving institution or program if:

(1) The person is imprisoned or confined or placed in a state correctional facility, a county correctional facility, the department of corrections and rehabilitation, a residential treatment program, or any state, county, private, or other facility after a conviction of any felony offense;

(2) The person has a record of any past or present conviction of a qualifying offense described in section 844D-31 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense, that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31; and

(3) The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department or have not been recorded as part of the state DNA database and data bank identification program. [L 2005, c 112, pt of §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 842-7 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-7
Commencement and conduct of proceedings under sections 842-5 and 842-6.
Status: in_force

(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 conducted in accordance with the Hawaii rules of civil procedure and the applicable rules of court. These proceedings shall be additional to any other proceedings authorized by law for the purpose of forfeiting the charter of a corporation or cancelling the registration and license of a foreign corporation.

(b) The proceedings authorized by section 842-6 may be instituted against a business other than a corporation in any judicial circuit in which it is doing business and the proceedings shall be conducted in accordance with the Hawaii rules of civil procedure and the applicable rules of court. [L 1972, c 71, pt of §2]
Haw. Rev. Stat. § 805-5 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-5
Warrant after summons issued.
Status: in_force

The district judge may, for any cause which appears to the district judge to be sufficient, at any time after the issue of the summons, and by virtue of the complaint therein contained and recited, issue the district judge's warrant for the immediate arrest, upon the charge, of the person so summoned.
Haw. Rev. Stat. § 841-18 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-18
Coroner's physician; laboratory facilities.
Status: in_force

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, shall be the coroner's physician for such county or city and county. The facilities of the laboratories of the state department of health shall be made available to the coroner's physician. The term government physician as used in this chapter means a physician employed by the State or any of its political subdivisions.
Haw. Rev. Stat. § 805-12 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-12
Unclaimed articles used as evidence, disposition of.
Status: in_force

Whenever an article, not subject to forfeiture or other disposition under any other law, which has been offered or admitted in evidence in any trial of a criminal case heard by a district judge, remains in the possession of the judge for a continuous period of one year after the final disposition of the matter in which the article was received in evidence, the district judge may deliver the article to the chief of police of the county in which the judge's circuit lies, together with such data as is available in the judge's files relating to the names of the defendants or other persons who might be the owners of the article, or of their attorneys. Thereupon the chief of police shall give notice by postcard or other ordinary mail to each such person or attorney whose address or last known address is available, stating briefly that the article (briefly describing the article in general terms) was offered or admitted in evidence, the approximate date of the offer or admission, the name and number of the case and the name of the court, and that, unless the article is called for and proof of ownership made within three months from the date of mailing the notice, the same shall be disposed of for the use of the county. In addition, the chief of police of the county shall publish a notice once in a newspaper of general circulation published in the county, which notice may relate to any number of different items and may be in substantially the following form:

Notice of Proposed Forfeiture of Unclaimed

Articles Offered or Admitted in Evidence

in Criminal Cases in District Courts.

All unclaimed articles which were offered or admitted in evidence in the hereinafter mentioned criminal cases in district courts in this county have been delivered to the undersigned for forfeiture according to law unless claimed by the owners thereof. Notice is hereby given that any articles not claimed within three months from the date of publication of this notice will be forfeited to and disposed of for the use of the county. The criminal cases in which the articles were so offered or admitted in evidence are as follows:

Title of Case

State v. Richard Roe and John Brown, Etc.

District Court of No. of Case

Second Circuit 55

Dated......................... ........................

Chief of Police, County of Maui.

Any article not claimed within the time required by this section by a person giving evidence satisfactory to the chief of police of ownership or right to possession of the article, shall automatically be forfeited to the county, and shall be sold by the chief of police at public auction, after publication of a brief notice of sale of unclaimed articles (without describing the articles or setting forth the names of the cases or courts mentioned in the notice of proposed forfeiture) once, more than two days prior to the sale, in a newspaper of general circulation published in the county, and the proceeds of the sale shall be paid into the general fund of the county as a county realization. The notice of sale may be included in the notice first hereinabove mentioned, provided the date therein noticed for sale shall be more than thirty days after the date of the publication. Any article upon which no bid is received, may by the county chief of police be either destroyed or given to any department or the county or to any charitable institution desiring the same. [L 1941, c 257, §1; RL 1945, §10782; am L 1949, c 182, §1; RL 1955, §57-15; HRS §710-15; am L 1970, c 188, §§39, 40; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 804-15 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-15
Recognizance.
Status: in_force

In all cases where a magistrate either commits for trial or bail the accused, the magistrate may cause each of the witnesses who has been examined and has testified to any material fact or circumstance in the case to enter into a recognizance, with or without surety, at the magistrate's discretion, in a sum fixed by the magistrate, conditioned for the witness' appearance at the sitting of the court at which the accused is bound or committed to appear. If a witness refuses to sign the recognizance when required, the witness may be committed to jail by the order of the magistrate, and shall be confined until the witness is brought before the court to testify, or until the witness gives the recognizance. [PC 1869, c 50, §13; RL 1925, §3991; RL 1935, §5445; RL 1945, §10745; RL 1955, §256-15; HRS §709-15; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 803-45 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-45
Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
Status: in_force

(a) Any investigative or law enforcement officer, who, by any means authorized by this part, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(b) Any investigative or law enforcement officer, who by any means authorized by this part, has obtained knowledge of the contents of any wire, oral, or electronic communication or evidence derived therefrom may use the contents to the extent the use is appropriate to the proper performance of the officer's official duties.

(c) Any person who has received, by any means authorized by this part, any information from a wire, oral, or electronic communication, or evidence derived therefrom intercepted in accordance with the provisions of this part may disclose the contents of that communication or any derivative evidence while giving testimony under oath or affirmation in any proceeding in any court or before the grand jury in this State.

(d) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this part shall lose its privileged character.

(e) When an investigative or law enforcement officer, while engaged in authorized interception, intercepts wire, oral, or electronic communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (a) and (b) of this section. The contents and any evidence derived therefrom may be used under subsection (c) of this section when authorized or approved by the designated judge where the judge finds on subsequent application, made as soon as practicable, that the contents were otherwise intercepted in accordance with the provisions of this part.

(f) Evidence obtained pursuant to an order issued under this part for the interception of a wire, oral, or electronic communication pursuant to an order issued under this part shall not be admissible as evidence in the State's case in chief in a criminal case where the highest grade of offense charged is a misdemeanor.

(g) No part of the contents of any wire, oral, or electronic communication and no evidence derived therefrom may be received into evidence at any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State or a county, or be included in any information used to charge a criminal offense under chapter 806, if the disclosure would be in violation of this part. [L 1978, c 218, pt of §2; gen ch 1985; am L 1986, c 303, §5; am L 1989, c 164, §7; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 804-4 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-4
When a matter of right.
Status: in_force

(a) If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right and under the least restrictive conditions required to ensure the defendant's appearance and to protect the public. Except for section 712-1207(7), bail shall be allowed for any person charged under section 712-1207 only subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m.; and provided further that nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1. The right to bail shall continue after conviction of a misdemeanor, petty misdemeanor, or violation, and release on bail may continue, in the discretion of the court, after conviction of a felony until the final determination of any motion for a new trial, appeal, habeas corpus, or other proceedings that are made, taken, issued, or allowed for the purpose of securing a review of the rulings, verdict, judgment, sentence, or other proceedings of any court or jury in or by which the defendant has been arraigned, tried, convicted, or sentenced; provided that:

(1) No bail shall be allowed after conviction and prior to sentencing in cases where bail was not available under section 804-3, or where bail was denied or revoked before conviction;

(2) No bail shall be allowed pending appeal of a felony conviction where a sentence of imprisonment has been imposed; and

(3) No bail shall be allowed pending appeal of a conviction for a violation of section 712-1207, unless the court finds, based on the defendant's record, that the defendant may be admitted to bail subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or walking along the public streets or sidewalks of Waikiki or other areas in the State designated by county ordinance pursuant to section 712-1207 during the hours from 6 p.m. to 6 a.m.

Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith.

(b) The court shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:

(1) By clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released; and

(2) That the appeal is not for purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.

If the court makes these findings, the court shall order the release of the person in accordance with section 804-7.1 under the least restrictive conditions required to ensure the defendant's appearance and to protect the public. No defendant entitled to bail, whether bailed or not, shall be subject, without the defendant's written consent, to the operation of any sentence passed upon the defendant, while any proceedings to procure a review of any action of the trial court or jury in the premises are pending and undetermined, except as provided in section 641-14(a) or section 712-1207. [L 1892, c 32, §2; RL 1925, §3979; am L 1925, c 228, §1; RL 1935, §5433; RL 1945, §10734; RL 1955, §256-4; am L 1957, c 282, §8; HRS §709-4; ren L 1972, c 9, pt of §1; am L 1972, c 109, §1(a); am L 1980, c 242, §3; gen ch 1985; am L 1987, c 139, §8; am L 1988, c 141, §61; am L 1989, c 261, §23; am L 1990, c 34, §39; am L 1998, c 149, §3; am L 2000, c 143, §2; am L 2019, c 179, §16]
Haw. Rev. Stat. § 841-17 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-17
Hospital records.
Status: in_force

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 investigation under this chapter. The hospital may require written proof signed by the coroner of the fact of the investigation and of the authority of the person desiring to examine the records.
Haw. Rev. Stat. § 841-15 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-15
Notice to next of kin, expense.
Status: in_force

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 occurs may make the disbursement necessary to defray the expenses involved in the notification.

Revision Note

The words "treasurer or", preceding "director of finance", deleted to conform to county charters.
Haw. Rev. Stat. § 803-48 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-48
Recovery of civil damages authorized.
Status: in_force

Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:]

(1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and

(2) Be entitled to recover from any such person:

(A) The greater of[:]

(i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or

(ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000;

(B) Punitive damages, where appropriate; and

(C) A reasonable attorney's fee and other litigation costs reasonably incurred.

The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part. [L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4]

Revision Note

In the first sentence, (1) and (2) reformatted as paragraphs (1) and (2) and (A)(i) and (ii) reformatted as clauses (i) and (ii) pursuant to §23G-15.
Haw. Rev. Stat. § 844D-22 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-22
Analysis and examination of specimens for identification purposes.
Status: in_force

(a) The department shall authorize DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes.

(b) The department shall perform examinations of print impressions pursuant to this chapter only for identification purposes. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 835-8 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-8
Material witness order; witness fee.
Status: in_force

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 upon release of such material witness from custody or, in the discretion of the court, at any designated times or intervals during the confinement as the court may deem appropriate.
Haw. Rev. Stat. § 832-21 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-21
Governor may recall warrant or issue alias.
Status: in_force

The governor may recall the governor's warrant of arrest or may issue another warrant whenever the governor deems proper.
Haw. Rev. Stat. § 805-11 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-11
Same; trial.
Status: in_force

At the appointed time in the summons the district judge shall proceed to hear and try the case as in the case of a natural person.
Haw. Rev. Stat. § 841-14 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-14
Autopsies and further investigations.
Status: in_force

[(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 to death under any of the circumstances set forth in section 841-3 is necessary in the interest of the public safety or welfare, that person shall cause to have performed, such an autopsy. If, in the opinion of the coroner's physician, a further or additional investigation as to the cause of death is necessary, the coroner's physician may conduct the same or have the same made, and the expenses thereof shall be paid by the county concerned, and for this purpose, the coroner's physician shall have the duties and powers conferred upon the coroner or deputy coroner by sections 841-4 to 841-8.

[(b)] Any law to the contrary notwithstanding, the coroner's physician or medical examiner of any county (including the city and county of Honolulu) may cause to have performed an autopsy to determine cause of death upon the remains of any human body which is brought into or found within the State and which appears to have come to death under any of the circumstances set forth in section 841-3, even though such circumstances may have occurred without the State. The coroner's physician or medical examiner of any county (including the city and county of Honolulu) shall have the right to retain tissues, including fetal material, of the body removed at the time of autopsy to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes. [L 1941, c 288, pt of §1; am L 1943, c 209, §1; RL 1945, §10913; am L 1949, c 355, §4; RL 1955, §260-14; am L 1963, c 84, §1; am L 1967, c 188, §2; HRS §715-14; ren L 1972, c 9, pt of §1; am L 1987, c 23, §2]
Haw. Rev. Stat. § 846D-6 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-6
Additional dissemination.
Status: in_force

Information from the juvenile justice information system may be disseminated to:

(1) The governor in accordance with the governor's constitutional duty to ensure that the laws will be faithfully executed;

(2) The courts in accordance with their adjudicative responsibility;

(3) The attorney general in accordance with the attorney general's statutory authority and duties in the administration and enforcement of this chapter; and

(4) Other individuals and agencies who are provided for in this chapter or by rule adopted thereunder. [L 1991, c 311, pt of §2]
Haw. Rev. Stat. § 804-37 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-37
Offense in presence of district judge.
Status: in_force

Any district judge who is present when any offense accompanied with violence is committed, may, without any other proof, order the offender to be arrested, and compel the offender to give security in the manner above directed, to refrain from the exercise of any illegal force. [PC 1869, c 47, §6; RL 1925, §4002; RL 1935, §5456; RL 1945, §10756; RL 1955, §256-36; HRS §709-37; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 841-8 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-8
Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body.
Status: in_force

(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 the prosecuting attorney in the case of coroners for the city and county of Honolulu and the county of Hawaii, a true and correct copy of the inquisition.

(b) The coroner's physician shall, in addition, make available without delay the death certificate of the person whose death was investigated to the person in charge of the disposition of the body so that the person in charge may file the death certificate with the local agent of the department of health as required by section 338-9. [L 1935, c 90, §8; RL 1945, §10908; RL 1955, §260-8; HRS §715-8; ren L 1972, c 9, pt of §1; am L 1973, c 17, §2; gen ch 1993]
Haw. Rev. Stat. § 806-34 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-34
Sufficiency of averments as to offense and transaction.
Status: in_force

In an indictment the offense may be charged either by name or by reference to the statute defining or making it punishable; and the transaction may be stated with so much detail of time, place, and circumstances and such particulars as to the person (if any) against whom, and the thing (if any) in respect to which the offense was committed, as are necessary to identify the transaction, to bring it within the statutory definition of the offense charged, to show that the court has jurisdiction, and to give the accused reasonable notice of the facts.

Averments which so charge the offense and the transaction shall be held to be sufficient. [L 1915, c 215, pt of §2; RL 1925, §4048; RL 1935, §5507; RL 1945, §10809; RL 1955, §258-19; HRS §711-34; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 804-7.4 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7.4
General conditions of release on bail.
Status: in_force

Any person released on bail, recognizance, supervised release or conditional release shall be released subject to the following conditions:

(1) The person shall not commit a federal, state or local offense during the period of release;

(2) The person shall appear for all court hearings unless notified by the person's attorney that the person's appearance is not required; and

(3) The person shall remain in the State of Hawaii unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court. [L 1987, c 139, §9(1); gen ch 1992]
Haw. Rev. Stat. § 803-7 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-7
Use of force; duty to intervene and report unnecessary or excessive force.
Status: in_force

(a) In all cases where the person arrested refuses to submit or attempts to escape, a degree of force may be used by a law enforcement officer as is necessary to compel the person to submission.

(b) A law enforcement officer who reasonably believes that another law enforcement officer is using unnecessary or excessive force on an arrestee that violates an applicable law or departmental policy shall have a duty to:

(1) Immediately intervene to prevent the use of unnecessary or excessive force by the other law enforcement officer; provided that the intervention can be safely accomplished; and

(2) Report the incident to the other law enforcement officer's supervisor as soon as practicable.

(c) Each relevant department director and county police department chief shall submit an annual report of incidents reported pursuant to subsection (b) to the legislature no later than January 31 of each year. The reporting period of each report shall be from January 1 to December 31 of the year immediately before the year of the report submission. The annual report shall:

(1) Summarize the facts and the nature of each reported incident; and

(2) Specify the disciplinary action, if any, that was imposed in connection with a reported incident.

(d) As used in this section, "law enforcement officer" means any public servant, whether employed by the State or county, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [PC 1869, c 49, §7; RL 1925, §3973; RL 1935, §5406; RL 1945, §10707; RL 1955, §255-7; HRS §708-7; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2023, c 55, §2]
Haw. Rev. Stat. § 844D-55 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-55
Other law enforcement DNA laboratories.
Status: in_force

Nothing in this chapter shall preclude other law enforcement DNA laboratories from maintaining local forensic databases and data banks or performing forensic identification analyses, including DNA profiling, independent from the state DNA database and data bank identification program.
Haw. Rev. Stat. § 801-4 — HI Code / Division 5 / Title 38 / Chapter 801 / Section 801-4
Fees not payable by defendant.
Status: in_force

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 criminal jurisdiction; nor shall it be lawful to take, demand, or receive any fees from any such person for taking any recognizance of bail, or issuing any writ of habeas corpus, or recording any appearance, or plea to any information, or for discharging any recognizance taken from any such person, or surety or sureties for them, but all costs may be ordered to be paid by the person charged and convicted as part of the judgment.
Haw. Rev. Stat. § 846-14 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-14
Access and review.
Status: in_force

Any individual who asserts that the individual has reason to believe that criminal history record information relating to the individual is maintained by any information system in this State shall be entitled to review such information for the purpose of determining its accuracy and completeness by making application to the agency operating such system. The applicant shall provide satisfactory identification which shall be positively verified by fingerprints. Rules and regulations promulgated under this section shall include provisions for administrative review and necessary correction of any claim by the individual to whom the information relates that the information is inaccurate or incomplete; provisions for administrative appeal where a criminal justice agency refuses to correct challenged information to the satisfaction of the individual to whom the information relates; provisions for supplying to an individual whose record has been corrected, upon the individual's request, the names of all noncriminal justice agencies to which the data have been given; and provisions requiring the correcting agency to notify all criminal justice recipients of corrected information. The review authorized by this section shall be limited to a review of criminal history record information.
Haw. Rev. Stat. § 806-72 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-72
Probation officers.
Status: in_force

Any probation officer assigned to the courts may be placed in any correctional facility to perform the probation officer's assigned duties.
Haw. Rev. Stat. § 804-35 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-35
Bond protecting others.
Status: in_force

If, from the nature of the evidence offered or from the demeanor of the prisoner, the district judge has reason to believe that the prisoner intends an offense against the person or property of any person who cannot be designated, the district judge may order the bond to be conditioned that the prisoner will commit no offense against the person or property of anyone. [PC 1869, c 47, §4; RL 1925, §4000; RL 1935, §5454; RL 1945, §10754; RL 1955, §256-34; HRS §709-35; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 806-11 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-11
Disposal of firearms.
Status: in_force

(a) At the time of arraignment, the court shall order a defendant who is under indictment for, or who has waived indictment for, or who has been bound over to the circuit court for a felony, or any crime of violence, or an illegal sale of any drug, to dispose of all firearms and ammunition within the defendant's possession in a manner in compliance with the provisions of chapter 134 and shall inform the defendant of the provisions of section 134-7(b) and section 134-12.5. The defendant shall comply with an order issued pursuant to this section within forty-eight hours of the issuance of such order. A defendant's compliance with the forty-eight hour requirement of this section shall not give rise to a prosecution for violations of sections 134-2, 134-3 or 134-4.

(b) The court shall immediately notify the chief of police of the county where the defendant resides that the defendant has been ordered to voluntarily surrender all firearms and ammunition to the chief of police or dispose of all firearms and ammunition within the defendant's possession.

(c) If the defendant fails to voluntarily surrender all firearms and ammunition to the chief of police where the defendant resides or dispose of the firearms and ammunition within forty-eight hours of the issuance of the order, the chief of police may seize all firearms and ammunition.

(d) For the purposes of this section, "dispose" shall have the same meaning as provided in section 134-7.3. [L 1993, c 215, §4; am L 2000, c 127, §4]
Haw. Rev. Stat. § 844D-128 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-128
Payment.
Status: in_force

Analysis ordered pursuant to section 844D-123(a) shall be paid for using funds from the DNA registry special fund established pursuant to section [706-603(3)]. The court may require payment for analysis ordered pursuant to section 844D-123(b) to be made by the defendant, the DNA registry special fund, or a combination thereof.
Haw. Rev. Stat. § 804-16 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-16
Bail bond, etc.
Status: in_force

§804-16 Bail bond, etc., deposited where. The magistrate who makes any commitment or lets any person to bail, shall without any unnecessary delay, at the farthest within ten days, transmit to the clerk or presiding judge of the court which has legal cognizance of the offense charged, all the complaints, depositions, bail bonds, bonds for the appearance of witnesses, and other documents in the magistrate's possession relative to the accusation. [PC 1869, c 50, §15; RL 1925, §3992; RL 1935, §5446; RL 1945, §10746; RL 1955, §256-16; HRS §709-16; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 804-7 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7
Release after bail.
Status: in_force

The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish and administer a statewide program that permits the posting of monetary bail seven-days-a-week for defendants who remain in the custody of the director of corrections and rehabilitation. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith. [PC 1869, c 50, §4; RL 1925, §3982; RL 1935, §5436; RL 1945, §10737; RL 1955, §256-7; HRS §709-7; ren L 1972, c 9, pt of §1; am L 2019, c 179, §18; am L 2022, c 278, §29]
Haw. Rev. Stat. § 841-19 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-19
Notification of this chapter.
Status: in_force

A copy of this chapter shall be transmitted to all physicians, undertakers, hospitals, and institutions established, licensed, or doing business in the State.
Haw. Rev. Stat. § 804-34 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-34
Bond not executed.
Status: in_force

If the bond is not executed according to the order of the district judge, the prisoner shall be committed to prison and shall remain in custody until the bond is so executed, such custody not to exceed the term for which the bond shall operate. The district judge may, for good cause shown, release the prisoner from custody at any time prior to the expiration of the term. [PC 1869, c 47, §3; am L 1911, c 33, §1; RL 1925, §3999; RL 1935, §5453; am L 1937, c 17, §1; RL 1945, §10753; RL 1955, §256-33; HRS §709-34; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 806-47 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-47
Bill of particulars.
Status: in_force

If the court is of the opinion that the accused in any criminal case has been actually misled and prejudiced in the accused's defense upon the merits of any defect, imperfection, or omission in the indictment, insufficient to warrant the quashing of the indictment, or by any variance, not fatal, between the allegations and the proof, the prosecuting officer shall, when so ordered by the court, acting upon its own motion or upon motion of the prosecution or defendant, file in court and serve upon the defendant, upon such terms as the court imposes, a bill of particulars of the matters in regard to which the court finds that the defendant should be informed.

In determining whether further information, and if so what information, is desirable for the defense of the accused upon the merits of the case, the court shall consider the whole record of the case and the entire course of the proceedings against the accused. [L 1915, c 167, §1; RL 1925, §4023; RL 1935, §5353; RL 1945, §10820; RL 1955, §258-30; HRS §711-47; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 806-7 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-7
Preparation of indictment, complaint, or information; true bill by grand jury.
Status: in_force

Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer. Every indictment shall be duly found by a grand jury before the arraignment of the accused, and when so found shall be indorsed a true bill, and the indorsement shall be signed by the foreperson.
Haw. Rev. Stat. § 803-2 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-2
By oral order.
Status: in_force

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, §3968; RL 1935, §5401; RL 1945, §10702; RL 1955, §255-2; HRS §708-2; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 846-10.6 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-10.6
Criminal history record improvement revolving fund; established.
Status: in_force

There is established a criminal history record improvement revolving fund. All proceeds accumulated by the Hawaii criminal justice data center or any state or county criminal justice agency through the assessment of fees for services as provided in section 846-10.5 related to criminal history record information from the state system shall be deposited into this revolving fund. Moneys in the revolving fund shall be expended by the Hawaii criminal justice data center and used to improve the criminal history record information system established under this chapter. [L Sp 1995, c 7, §2]
Haw. Rev. Stat. § 846-17 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-17
Administration of National Crime Prevention and Privacy Compact.
Status: in_force

] (a) The Hawaii criminal justice data center is the central repository of criminal history records for purposes of the National Crime Prevention and Privacy Compact and shall do all things necessary or incidental to carrying out the compact.

(b) The administrator of the Hawaii criminal justice data center, or the administrator's designee, is the State's compact officer and shall administer the compact within the State. The administrator may adopt rules and establish procedures for the cooperative exchange of criminal history records between this State and other state governments and with the federal government for the use in noncriminal justice background checks. [L 2006, c 83, §3]
Haw. Rev. Stat. § 806-31 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-31
Indirect allegations.
Status: in_force

No indictment or bill of particulars is invalid or insufficient for the reason merely that it alleges indirectly and by inference instead of directly any matters, facts, or circumstances connected with or constituting the offense, provided that the nature and cause of the accusation can be understood by a person of common understanding.
Haw. Rev. Stat. § 806-35 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-35
Property owned by more than one.
Status: in_force

In any indictment wherein it is requisite to state the ownership of any property whatsoever, whether real or personal, which belongs to or is in the possession of more than one person, whether the persons be partners in trade, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of the persons and to state the property to belong to the person so named, and another or others, as the case may be. Whenever in any indictment it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the manner aforesaid. This provision shall be construed to extend to all joint stock companies and trustees.
Haw. Rev. Stat. § 844D-123 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-123
Order for post-conviction DNA testing.
Status: in_force

(a) The court shall order testing after a hearing if it finds that:

(1) A reasonable probability exists that the defendant would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis, even if the defendant later pled guilty or no contest;

(2) Identity was or should have been an issue in the proceeding that led to the verdict or sentence;

(3) The evidence sought to be analyzed has been identified with particularity and still exists in a condition that permits DNA analysis; provided that questions as to the chain of custody of the evidence shall not constitute grounds to deny the motion if the testing itself can establish the integrity of the evidence;

(4) The evidence was not previously subjected to DNA analysis or was not subjected to analysis that can now resolve an issue not resolved by previous analysis; and

(5) The application for testing is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.

(b) The court may order testing after a hearing if it finds that:

(1) A reasonable probability exists that DNA analysis of the evidence will produce results that would have led to a more favorable verdict or sentence for the defendant had the results been available at the proceeding leading to the verdict or sentence, even if the defendant pled guilty or no contest;

(2) The evidence sought to be analyzed has been identified with particularity and still exists in a condition that permits DNA analysis; provided that questions as to the chain of custody of the evidence shall not constitute grounds to deny the motion if the testing itself can establish the integrity of the evidence;

(3) The evidence was not previously subjected to DNA testing or was not subject to testing that can now resolve an issue not resolved by previous testing; and

(4) The application for testing is made for the purpose of demonstrating that the defendant was guilty of a lesser offense or eligible for a more lenient sentence and not to unreasonably delay the execution of sentence or administration of justice.

(c) If evidence had previously been subjected to DNA analysis, by either the prosecution or defense, the court may order the prosecution or defense to provide each party and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If DNA or other analysis of evidence was previously conducted by either the prosecution or defense without knowledge of the other party, all information relating to the testing shall be disclosed by the motion for analysis or response. If the court orders DNA analysis under this section, the court shall order the production to each party and the court of any laboratory reports prepared in connection with the DNA analysis and, in its discretion, may order production of the underlying data and laboratory notes. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 802-6 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-6
Subsequent ability to pay counsel.
Status: in_force

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 appointment of counsel, unless the person so represented is willing to pay therefor. If appointed counsel continues the representation, the court shall direct payment for such representation as the interests of justice may dictate. Any payments directed by the court shall be general fund realizations.

If at any time after the counsel's appointment counsel should have reason to believe that a defendant is financially able to obtain counsel or to make partial payment for counsel, it shall be the counsel's duty to so advise the court so that appropriate action may be taken. [L 1971, c 185, pt of §1; HRS §705C-6; ren L 1972, c 9, §1; gen ch 1985]
Haw. Rev. Stat. § 841-12 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-12
Removal of corpse.
Status: in_force

[(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 coroner's deputies, the chief of police, or any police officer, without first receiving the authority of the coroner or the coroner's deputy, and of the police officer in charge, and of the coroner's physician. The removal of the body or bodies shall be the duty of the coroner.

[(b)] Any person who violates the provisions of this section shall be subject to a fine of not more than $100. [L 1941, c 288, pt of §1; RL 1945, §10911; am L 1949, c 355, §2; RL 1955, §260-12; HRS §715-12; ren L 1972, c 9, pt of §1; am L 1977, c 141, §1; gen ch 1985]
Haw. Rev. Stat. § 804-18 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-18
Witness, summary process for.
Status: in_force

Courts may also, on motion of the public prosecutor, order any sheriff or chief of police or the sheriff's or chief's authorized subordinate to arrest and bring before them any person who has been bound by recognizance or summoned to appear and give testimony and who has not attended at the time appointed. When so arrested, the witnesses may be also fined in any sum not exceeding $100 for their neglect, and shall remain in custody until they give their testimony and are discharged from further attendance, or until they give such security as shall satisfy the court, for their appearance to testify. [PC 1869, c 50, §17; RL 1925, §3994; RL 1935, §5448; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10748; RL 1955, §256-18; HRS §709-18; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Haw. Rev. Stat. § 836-3 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-3
Witness from another state summoned to testify in this State.
Status: in_force

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 commence in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure the witness' attendance in this State. This certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found.

If the witness is summoned to attend and testify in this State the witness shall be tendered a sum equivalent to the cost of round-trip air fare to the place where the prosecution is pending and $60 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. [L 1971, c 116, §3; HRS §719-3; ren L 1972, c 9, pt of §1; am L 1980, c 307, §1; gen ch 1985]