Haw. Rev. Stat. § 844D-124 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-124
Counsel.
Status: in_force

(a) The court may, at any time during proceedings under this part, appoint counsel for a defendant determined to be indigent pursuant to section 802-4.

(b) If the defendant has filed pro se, upon a showing that DNA testing may be material to the defendant's claim of wrongful conviction, the court shall appoint counsel for the defendant.

(c) The court, in its discretion, may refer pro se requests for DNA testing to qualified parties for further review, including but not limited to indigent defense organizations or clinical legal education programs, without appointing the parties as counsel at that time.

(d) If the defendant has retained private pro bono counsel, including but not limited to counsel from a nonprofit organization that represents indigent persons, the court may, in its discretion, award reasonable attorney's fees and costs at the conclusion of the litigation. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 805-7 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-7
Commitment; form of mittimus.
Status: in_force

In all cases of arrest for offenses that must be tried in the first instance before a jury, or that can be tried only on indictment by a grand jury, the judge in whose jurisdiction or on whose warrant the accused was arrested, upon the appearance of the accused, shall proceed to consider whether there is probable cause to believe that the accused is guilty of the offense with which the accused is charged. The judge shall reduce to writing the substance of the evidence adduced, with the names of the witnesses. If in the judge's opinion the testimony does not warrant commitment for trial, the judge shall release the prisoner, noting that fact upon the judge's docket. But if in the judge's opinion there is probable cause to believe that the accused is guilty of the offense with which the accused is charged, the judge shall make out and deliver to a police officer a mittimus which may be in the form established by the usage and practice of the issuing court.
Haw. Rev. Stat. § 831-3.1 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-3.1
Prior convictions; criminal records; noncriminal standards.
Status: in_force

(a) A person shall not be disqualified from public office or employment by the State or any of its branches, political subdivisions, or agencies except under section 831-2(c), or be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a permit, license, registration, or certificate is required by the State or any of its branches, political subdivisions, or agencies, solely by reason of a prior conviction of a crime; provided that:

(1) With respect to liquor licenses, a person who has been convicted of a felony may be denied a liquor license by the liquor commission; and

(2) A person who within the past ten years, excluding any period of incarceration, has been convicted of a crime that bears a rational relationship to the duties and responsibilities of a job, occupation, trade, vocation, profession, or business may be denied employment, a permit, license, registration, or certificate. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89.

(b) The State or any of its branches, political subdivisions, or agencies may consider as a justification for the refusal, suspension, or revocation of any employment or of any permit, license, registration, or certificate, any conviction of any crime, except those which have been expunged, occurring within the past ten years, excluding any period of incarceration, when that crime bears a rational relationship to the duties and responsibilities of the job, occupation, trade, vocation, profession, or business for which a permit, license, registration, or certificate is applied for or held.

(c) The State or any of its branches, political subdivisions, or agencies may consider as a possible justification for the refusal, suspension, or revocation of any employment or of any permit, license, registration, or certificate, any conviction of a crime, not occurring within the past ten years, excluding any period of incarceration, except those which have been expunged, when the offense directly relates to:

(1) The applicant's possible performance in the job applied for;

(2) The employee's possible performance in the job that the employee holds; or

(3) The applicant's or holder's possible performance in the occupation, trade, vocation, profession, or business for which a permit, license, registration, or certificate is applied for or held.

For the purpose of this subsection, such refusal, suspension, or revocation may occur only when the agency determines, after investigation in accordance with chapter 91, or in the case of employment in the civil service, after appropriate investigation, notification of results and planned action, and opportunity to meet and rebut the finding, all of which need not be conducted in accordance with chapter 91, that the person so convicted has not been sufficiently rehabilitated to warrant the public trust.

(d) When considering noncriminal standards in the granting, renewal, suspension, or revocation of any employment or any such permit, license, registration, or certificate, the State or any of its branches, political subdivisions, or agencies shall not take into consideration the conviction of any crime except as provided by subsections (b) and (c).

(e) A person who applies for a position in the civil service and is denied employment in that position on the basis of a criminal conviction pursuant to this section, may appeal the adverse decision to the civil service commission or merit appeals board, as appropriate, within twenty days after the notice of action has been sent to the person.

(f) Notwithstanding any law to the contrary, this section shall not apply to:

(1) Denials by the department of human services, the department of health, or any other branch, political subdivision, or agency of any certificate of approval, license, or permit to any organization, institution, home, or facility subject to licensure under chapters 321, 333F, and 346;

(2) Denials of employment as a staff member of a youth correctional facility operated under chapter 352;

(3) Denials of employment as an employee of a detention or shelter facility established or designated pursuant to section 571-33;

(4) Denials of employment as a staff member of a correctional facility pursuant to chapter 353, or as a staff member that requires the exercise of police powers, including the power to arrest, in the performance of the staff member's duties pursuant to chapter 353C;

(5) Denials of employment of applicants or employees pursuant to section 78-2.7;

(6) Denials or termination of employment as an employee, employee applicant, or employee or agent of a contractor of the department of taxation with access to federal tax information pursuant to section 231-1.6;

(7) Denials or termination of employment as an employee, employee applicant, or employee or agent of a contractor of the department of human services with access to federal tax information pursuant to section 346-2.5;

(8) Denials or termination of employment as an employee, employee applicant, or employee or agent of a contractor of the department of labor and industrial relations with access to federal tax information pursuant to section 383-110; and

(9) Denials or termination of employment as an employee, employee applicant, or employee or agent of a contractor of the child support enforcement agency with access to federal tax information pursuant to section 576D-11.5. [L 1974, c 205, §2; am L 1975, c 54, §1; am L 1976, c 113, §2; am L 1979, c 53, §3; am L 1985, c 155, §3 and c 209, §8; gen ch 1985; am L 1987, c 339, §4; am L 1989, c 74, §2 and c 116, §1; am L 1993, c 40, §2; am L 2003, c 95, §16(2); am L 2017, c 132, §6; am L 2018, c 18, §49]
Haw. Rev. Stat. § 803-44.6 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-44.6
Issuance of an order for a pen register or a trap and trace device.
Status: in_force

(a) Upon an application for an order authorizing the installation and use of a pen register or a trap and trace device, the designated judge shall satisfy itself that there are sufficient facts and circumstances contained within the application that there is probable cause to believe that the information to be obtained through the installation and use of a pen register or a trap and trace device will constitute the fruits, instrumentalities, or evidence of a crime or is relevant to an ongoing criminal investigation.

(b) If the designated judge is so satisfied, the order issued shall specify:

(1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is to be attached;

(2) The identity, if known, of the person who is the subject of the criminal investigation;

(3) The number and, if known, the physical location of the telephone line, cellular telephone, or electronic device or service to which the pen register or the trap and trace device is to be attached, and, in the case of a trap and trace device, the geographical limits of the trap and trace order;

(4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and

(5) Upon the request of the applicant, the information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device that the provider of wire communication service is directed to furnish to the applicant.

(c) An order authorizing installation and use of a pen register or a trap and trace device shall be for a period not to exceed sixty days. Extension of an order may be granted, but only upon a reapplication for an order and a finding of probable cause to justify continuing use of a pen register or trap and trace device. The period of the extension shall be for a period not to exceed sixty days.

(d) An order authorizing the installation and use of a pen register or a trap and trace device shall direct that:

(1) The order be sealed until otherwise ordered by the court; and

(2) The person owning or leasing the telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless otherwise ordered by the court. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4; am L 2016, c 28, §2]
Haw. Rev. Stat. § 844D-125 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-125
Discovery.
Status: in_force

(a) At any time after a petition has been filed under this part:

(1) The court may order the State to locate and provide the defendant with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case, or otherwise assist the defendant in locating items of biological evidence that the State contends have been lost or destroyed;

(2) The court may order the State to take reasonable measures to locate biological evidence that may be in its custody, or to assist the defendant in locating evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility; or

(3) If evidence had previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the DNA testing, as well as the underlying data, and the laboratory notes.

(b) If any DNA or other biological evidence testing was previously conducted by either the prosecution or defense without knowledge of the other party, such testing shall be revealed in the motion for testing or response, if any.

(c) If the court orders DNA testing in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA testing, and may in its discretion order production of the underlying data, bench notes, or other laboratory notes.

(d) The results of any post-conviction DNA testing conducted under this part shall be disclosed to the prosecution, the defendant, and the court. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 832-20 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-20
Guilt or innocence of accused, when inquired into.
Status: in_force

The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Haw. Rev. Stat. § 803-37 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-37
Power of officer serving; notice of search.
Status: in_force

(a) The officer charged with the warrant may enter the house, store, or other building designated as the place to be searched without demanding permission if the officer finds the house, store, or other building open. If the doors, gates, or other bars to the entrance are shut, the officer shall declare the officer's office and the officer's business and demand entrance. If the doors, gates, or other bars to the entrance are not immediately opened, the officer may break them. When entered, the officer may demand that any other part of the house, or any closet or other closed place in which the officer has reason to believe the property is concealed, may be opened for the officer's inspection, and if refused the officer may break them. The breaking of any doors, gates, other bars to the entrance, closets, and other closed places shall be allowed when reasonable and other means of entering the space are not reasonable.

(b) Upon completion of any warranted search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warranted search.

(c) If an electronic device or storage media is designated as the item to be searched, the court may authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item; provided that the officer shall submit a sworn statement to the judge or magistrate, certifying the reliability and qualifications of the individuals or entities and the reason their assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent. [PC 1869, c 48, §8; RL 1925, §3965; RL 1935, §5417; RL 1945, §10722; RL 1955, §255-22; HRS §708-37; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2017, c 196, §4; am L 2025, c 245, §4]
Haw. Rev. Stat. § 841-9 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-9
Fees.
Status: in_force

Upon the application by other than governmental agencies for a certified copy of any coroner's report and inquest, the coroner or deputy coroner shall collect the sum of $2 as a governmental realization for the preparation and issuance of the same. All fees so collected shall be a general fund realization and shall be immediately deposited with the treasurer or director of finance of the respective counties.
Haw. Rev. Stat. § 835-4 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-4
Material witness order; arraignment.
Status: in_force

(a) When the prospective witness appears before the court, the court must inform the prospective witness of the nature and purpose of the proceeding, and that the prospective witness is entitled to a prompt hearing upon the issue of whether the prospective witness should be adjudged a material witness. The prospective witness possesses all the rights, and is entitled to all the court instructions, with respect to right to counsel, opportunity to obtain counsel and assignment of counsel in case of financial inability to retain such, which, pursuant to rule 5(d)(1), Hawaii rules of criminal procedure, accrue to a defendant arraigned upon a felony complaint in the district court.

(b) If the proceeding is adjourned at the prospective witness' instance, for the purpose of obtaining counsel or otherwise, the court must order the prospective witness to appear upon the adjourned date. The court may further fix bail to secure the prospective witness' appearance upon such date or until the proceeding is completed and, upon default thereof, may commit the prospective witness to the custody of the chief of police for such period. [L 1971, c 214, pt of §1; HRS §718-4; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 842-3 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-3
Penalty; forfeiture of property.
Status: in_force

Any person who violates this chapter shall be guilty of a class B felony and shall forfeit to the State any interest or property acquired or maintained in violation of this chapter as provided in chapter 712A.
Haw. Rev. Stat. § 806-38 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-38
Instrument, how described.
Status: in_force

In any indictment for forging, altering, offering, uttering, disposing of, or for stealing, embezzling, extorting, converting, disposing of, destroying, or concealing, or for obtaining by false pretenses any instrument, it shall be sufficient to describe the instrument by any name or designation by which the same may be usually known or by the purport thereof, without setting out any copy or facsimile thereof or otherwise describing the same or the value thereof.
Haw. Rev. Stat. § 805-8 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-8
Notice to county attorney or prosecuting attorney.
Status: in_force

In all criminal cases had before a district judge where there has been a commitment as provided in section 805-7, an appeal from the judgment, or a demand for a jury trial, the judge, forthwith, shall send to the county attorney or to the prosecuting attorney, as the case may be, notice of the fact, stating briefly in the notice the nature of the case and action taken thereon, giving the name of the defendant and the date the records were sent to the circuit court or the clerk of the supreme court.
Haw. Rev. Stat. § 846-7 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-7
Security.
Status: in_force

Wherever criminal history record information is collected, stored, or disseminated, the criminal justice agency or agencies responsible for the operation of the system shall:

(1) Have power to determine for legitimate security purposes which personnel can be permitted to work in a defined area where such information is stored, collected, or disseminated;

(2) Select and supervise all personnel authorized to have direct access to such information;

(3) Assure that an individual or agency authorized direct access is administratively held responsible for the physical security of criminal history record information under its control or in its custody and the protection of such information from unauthorized access, disclosure, or dissemination;

(4) Institute procedures to reasonably protect any data center of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or man-made disasters;

(5) Provide that each employee working with or having access to criminal history record information is to be made familiar with the substance and intent of this chapter and of regulations promulgated thereunder; and

(6) Require that direct access to criminal history record information is to be available only to authorized officers or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system.

Where a noncriminal justice agency operates a system, the participating criminal justice agency shall be responsible for review, approval, and monitoring of procedures developed to assure compliance with this section. [L 1979, c 129, pt of §2]
Haw. Rev. Stat. § 846-3 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-3
Reporting to data center.
Status: in_force

The chiefs of the police of the counties of the State and agencies of state and county governments having power of arrest shall furnish the data center with descriptions of all such persons who are arrested by them for any felony or misdemeanor, or as fugitives from the criminal justice system of another jurisdiction, or for any offense declared by rule or regulation promulgated by the attorney general to be a significant offense necessary to be reported for the proper administration of criminal justice. The data center shall in all appropriate cases forward necessary identifying data and other information to the system maintained by the Federal Bureau of Investigation.
Haw. Rev. Stat. § 803-44.7 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-44.7
Application for authorization to install and use a mobile tracking device.
Status: in_force

(a) A search warrant or court order must be obtained from the 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, to install a mobile tracking device. The order may authorize the use of that device within the jurisdiction of the court and outside that jurisdiction, if the device is installed in that jurisdiction.

(b) If, upon application to the designated judge for a court order, the designated judge should satisfy itself that there are sufficient facts and circumstances contained within the application to establish probable cause to believe that the use of a mobile tracking device will discover the fruits, instrumentalities, or evidence of a crime or is relevant to an ongoing criminal investigation.

(c) If the designated judge is so satisfied, it shall issue an order specifying:

(1) The identity, if known, of the person who is the subject of the investigation;

(2) The number of mobile tracking devices to be used and the geographical location(s) where the devices are to be installed; and

(3) The identity, if known, of any person who may have a privacy interest in the point of installation of the mobile tracking device.

(d) An order authorizing installation and use of a mobile tracking device shall not exceed sixty days. Extensions of the orders may be granted only upon reapplication establishing probable cause to justify the continued use of a mobile tracking device. The period of the extension shall not exceed sixty days.

(e) The order shall direct that the order be sealed until otherwise directed by the court. [L 1989, c 164, pt of §2; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 806-86 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-86
Procedure for motion to dismiss.
Status: in_force

(a) The defendant may move in circuit court to dismiss the information on the grounds that the information and its exhibit do not establish the existence of probable cause to believe that the offense charged was committed or probable cause to believe that the defendant committed the offense.

(b) Upon the filing of the motion to dismiss, the court shall conduct a hearing within a reasonable time, but no later than thirty days after filing, except as otherwise agreed upon by the parties.

(c) If the defendant is incarcerated the court shall conduct a hearing no later than fifteen days after filing, except as otherwise agreed upon by the parties.

(d) An information shall not be dismissed due to the failure of the court to conduct a hearing within the periods of time stated above; provided, that if the defendant is incarcerated due to an inability to post the previously set bail and a hearing is not held within the specified time period, the court shall immediately hold a hearing to consider whether the defendant should be released upon reasonable conditions set by the court.

(e) The information and all its attachments shall be considered by the court and made a part of the record at a hearing on the motion to dismiss the information. [L 2004, c 62, pt of §1]
Haw. Rev. Stat. § 846F-2 — HI Code / Division 5 / Title 38 / Chapter 846F / Section 846F-2
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Internet crimes against children" means promoting child abuse in the first degree under section 707-750, promoting child abuse in the second degree under section 707-751, promoting child abuse in the third degree under section 707-752, electronic enticement of a child in the first degree under section 707-756, electronic enticement of a child in the second degree under section 707-757, indecent electronic display to a child under section 707-759, or promoting pornography for minors under section 712-1215. [L 2014, c 115, pt of §2]
Haw. Rev. Stat. § 832-11 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-11
Penalty.
Status: in_force

Any officer who delivers to the agent for extradition of the demanding state a person in the officer's custody under the governor's warrant, in wilful disobedience to section 832-10 shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000 or be imprisoned not more than six months, or both.
Haw. Rev. Stat. § 833-3 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-3
Order of return to demanding court.
Status: in_force

The prosecuting attorney shall appear at the hearing and report to the district judge the results of the prosecuting attorney's investigation. If the district judge finds that the affiant is a designated agent of the demanding court, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of the person's release, the district judge may issue an order authorizing the return of the person to the custody of the demanding court, judge or magistrate forthwith.
Haw. Rev. Stat. § 846-5 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-5
Reporting of dispositions.
Status: in_force

It shall be the responsibility of every criminal justice agency in this State to report to the data center the disposition of cases which enter their area in the administration of criminal justice to insure that all systems maintained in this State shall contain complete and accurate criminal history record information. All dispositions shall be reported as promptly as feasible but not later than ninety days after the happening of an event which constitutes a disposition.
Haw. Rev. Stat. § 846F-3 — HI Code / Division 5 / Title 38 / Chapter 846F / Section 846F-3
Internet crimes against children fee.
Status: in_force

(a) The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.

(b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651.

(c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4. [L 2014, c 115, pt of §2; am L 2016, c 231, §67]
Haw. Rev. Stat. § 803-47.6 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47.6
Requirements for governmental access.
Status: in_force

(a) A governmental entity may require the disclosure by a provider of electronic communication service of the contents of an electronic communication pursuant to a search warrant only.

(b) A governmental entity may require a provider of remote computing services to disclose the contents of any electronic communication pursuant to a search warrant only.

(c) Subsection (b) of this section is applicable to any electronic communication held or maintained on a remote computing service:

(1) On behalf of, and received by electronic transmission from (or created by computer processing of communications received by electronic transmission from), a subscriber or customer of the remote computing service; and

(2) 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 any purpose other than storage or computer processing.

(d)(1) A provider of electronic communication service or remote computing service may disclose a record or other information pertaining to a subscriber to, or customer of, the service (other than the contents of any electronic communication) to any person other than a governmental entity.

(2) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to, or customer of, the service (other than the contents of an electronic communication) to a governmental entity only when:

(A) Presented with a search warrant;

(B) Presented with a court order, which seeks the disclosure of transactional records, other than real-time transactional records;

(C) The consent of the subscriber or customer to the disclosure has been obtained; or

(D) Presented with an administrative subpoena authorized by statute, an attorney general subpoena, or a grand jury or trial subpoena, which seeks the disclosure of information concerning electronic communication, including but not limited to the name, address, local and long distance telephone billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of the service, and the types of services the subscriber or customer utilized.

(3) A governmental entity receiving records or information under this subsection is not required to provide notice to a subscriber or customer.

(e) A court order for disclosure under subsection (d) shall issue only if the governmental entity demonstrates probable cause that the records or other information sought, constitute or relate to the fruits, implements, or existence of a crime or are relevant to a legitimate law enforcement inquiry. An order may be quashed or modified if, upon a motion promptly made, the service provider shows that compliance would be unduly burdensome because of the voluminous nature of the information or records requested, or some other stated reason establishing such a hardship.

(f) No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order, warrant, or subpoena.

(g) A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. Records shall be retained for a period of ninety days, which shall be extended for an additional ninety-day period upon a renewed request by the governmental entity. [L 1989, c 164, pt of §1; am L 2000, c 91, §1; am L 2006, c 200, pt of §4; am L 2014, c 226, §1]
Haw. Rev. Stat. § 801D-5 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-5
Responsibility for rights and services.
Status: in_force

(a) Each county is responsible for the enforcement of rights under section 801D-4. The courts shall fashion all decisions and orders to enhance the recognition of these rights and the provision of these services, to the extent that they will not conflict with the constitutional rights of the defendant.

(b) Neither the failure of any state or county officer or employee to carry out the requirements of this section nor compliance with it shall subject the state or county officer or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by competent authority. [L 1988, c 261, pt of §1]
Haw. Rev. Stat. § 806D-3 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-3
Authenticity of records; verification; affidavit, declaration, or certification.
Status: in_force

(a) Upon written request from the applicant or if ordered by the issuing court, the recipient of criminal process shall verify the authenticity of records that the recipient produces by providing an affidavit or declaration that complies with subsection (b). The requirements of rule 902(11) of the Hawaii rules of evidence regarding business records as evidence may be satisfied by an affidavit, or declaration that complies with subsection (b), without the need for testimony from the custodian of records, regardless of whether the business records were produced by a foreign or Hawaii entity.

(b) To be admissible without testimony from the custodian of records, a business record shall be accompanied by an affidavit or declaration from its records custodian or other qualified person, including contact information for the person completing the affidavit or declaration and an attestation to the following:

(1) The person is the custodian of the record or sets forth evidence that the witness is qualified to testify about the record;

(2) The record was made at or near the time of the act, condition, or event set forth in the record by, or from information transmitted by, an individual with knowledge of those matters;

(3) The record was kept in the course of the regularly conducted activity;

(4) The record was made by the regularly conducted activity as a regular practice;

(5) The identity of the record and the mode of its preparation; and

(6) The record is either the original or a duplicate that accurately reproduces the original.

(c) A party intending to offer a record into evidence under this section shall provide written notice of that intention to all adverse parties, and shall make the record and affidavit or declaration available for inspection sufficiently in advance of the party's offer into evidence to provide an adverse party with a fair opportunity to challenge the party. A motion opposing admission in evidence of the record shall be made and determined by the issuing court before trial and with sufficient time to allow the party offering the record to, if the motion is granted, produce the custodian of the record or other qualified person at trial, without creating hardship on the party or on the custodian of the record or other qualified person.

(d) Failure by a party to timely file a motion under subsection (c) shall constitute a waiver of objection to admission of the evidence, but the court for good cause shown may grant relief from the waiver. If the court grants relief from the waiver, and thereafter determines the custodian of the record shall appear, a continuance of the trial may be granted to provide the proponent of the record sufficient time to arrange for the necessary witness to appear.

(e) Nothing in this section shall preclude either party from calling the custodian of the record or other witness to testify regarding the record. [L 2012, c 325, pt of §2]
Haw. Rev. Stat. § 804-41 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-41
Discharge of surety.
Status: in_force

At any time before the breach of the condition of the bond, the surety may discharge oneself by surrendering the principal into the hands of any sheriff or the chief of police or the sheriff's or chief's authorized subordinate. [PC 1869, c 47, §10; RL 1925, §4006; am imp L 1933, c 30, §1; RL 1935, §5460; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10760; RL 1955, §256-40; HRS §709-41; 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. § 832-3 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-3
Form of demand.
Status: in_force

No demand for the extradition of a person charged with crime in any state shall be recognized by the governor unless in writing alleging, except in cases arising under section 832-6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
Haw. Rev. Stat. § 832-2 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-2
Fugitives from justice; duty of governor.
Status: in_force

Subject to this chapter, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the governor of this State to have arrested and delivered up to the executive authority of any state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.
Haw. Rev. Stat. § 832-12 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-12
Confinement in jail when necessary.
Status: in_force

The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county through which he may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.

The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county through which he may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided that the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this State. [L 1941, c 99, §12; RL 1945, §10642; RL 1955, §250-12; HRS §713-12; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 841-1 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-1
Who are coroners.
Status: in_force

The chief of police or his authorized subordinate of the counties of Hawaii, Maui, and Kauai, and the medical examiner of the city and county of Honolulu, shall, ex officio, be the coroner for his respective county.
Haw. Rev. Stat. § 846D-2 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-2
Juvenile justice information committee.
Status: in_force

There is established within the department of the attorney general a juvenile justice information committee, which shall include, but not be limited to, representatives from the family courts, the police departments of the various counties, the prosecutors of the various counties, the Hawaii youth correctional facilities, and the department of the attorney general. The committee shall meet as needed to promote interagency cooperation and coordination in the development and management of an accurate, complete, timely, and fully integrated statewide juvenile justice information reporting and retrieval system.

The members of the committee shall be appointed by the attorney general and shall have the decision-making authority of the represented agencies. [L 1991, c 311, pt of §2]
Haw. Rev. Stat. § 846-6 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-6
Systematic audit.
Status: in_force

All criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that it has reported inaccurate information of a material nature shall forthwith notify all criminal justice agencies known to have received such information. All criminal justice agencies shall:

(1) Maintain for a minimum period of one year a listing of the individuals or agencies both in and outside of the State to which criminal history record information was released, a record of what information was released, and the date such information was released;

(2) Establish a delinquent disposition monitoring system; and

(3) Verify all record entries for accuracy and completeness. [L 1979, c 129, pt of §2]
Haw. Rev. Stat. § 841-6 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-6
Subpoenas; penalty for failure to comply.
Status: in_force

[(a)] The coroner or any deputy coroner may issue subpoenas for the attendance of any witnesses that the coroner or any deputy coroner may deem necessary to interrogate in the death then under investigation, returnable forthwith or at such place and time as the coroner or any deputy coroner shall therein direct.

[(b)] Any person who fails to comply with the requirements of such a subpoena upon conviction before any district court having jurisdiction in the matter, shall be fined not more than $25. [L 1935, c 90, §6; RL 1945, §10906; RL 1955, §260-6; HRS §715-6; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 805-1 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-1
Complaint; form of warrant.
Status: in_force

When a complaint is made to any prosecuting officer of the commission of any offense, the prosecuting officer shall review the evidence, reduce the substance of the complaint to writing, and cause the complaint to be:

(1) Subscribed by the complainant under oath, which the prosecuting officer is hereby authorized to administer;

(2) Made by declaration in accordance with the rules of court; or

(3) Signed by the prosecuting officer.

If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be 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 the complaint may be submitted by declaration in accordance with the rules of court. Upon presentation of the written complaint to the judge in whose circuit the offense allegedly has been committed, the judge shall issue a warrant, reciting the complaint and requiring the sheriff, or other officer to whom it is directed, except as provided in section 805-3, to arrest the accused and to bring the accused before the judge to be dealt with according to law; and in the same warrant the judge may require the officer to summon such witnesses as are named in the warrant to appear and give evidence at the trial. The warrant may be in the form established by the usage and practice of the issuing court. [L 1892, c 57, §18; RL 1925, §4007; RL 1935, §5470; am L 1941, c 64, §1; RL 1945, §10770; RL 1955, §257-1; am L 1959, c 184, §1; am L 1963, c 85, §3; HRS §710-1; am L 1970, c 188, §36; ren L 1972, c 9, pt of §1; am L 1978, c 227, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; gen ch 1993; am L 1998, c 36, §3; am L 2007, c 13, §2; am L 2022, c 2, §1]
Haw. Rev. Stat. § 804-11 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-11
One surety sufficient; when.
Status: in_force

A single surety is sufficient, if the surety offers cash, a credit or debit card authorization, stocks, bonds, or real property in accordance with section 804-11.5; otherwise, there shall be two or more sureties. [PC 1869, c 50, §9; RL 1925, §3987; RL 1935, §5441; RL 1945, §10741; RL 1955, §256-11; HRS §709-11; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1987, c 139, §6; am L 2004, c 71, §2]
Haw. Rev. Stat. § 832-18 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-18
Forfeiture of bail.
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender oneself according to the conditions of the prisoner's bond, the judge, by proper order, shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if the prisoner be within this State. Recovery may be had on the bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.
Haw. Rev. Stat. § 802-3 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-3
Request for appointment of counsel.
Status: in_force

Any person entitled to representation by a public defender or other appointed counsel may at any reasonable time request any judge to appoint counsel to represent the person.
Haw. Rev. Stat. § 836-1 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-1
Definitions.
Status: in_force

As used in this chapter:

"State" includes any state, territory, or possession, of the United States, the Commonwealth of Puerto Rico, and the District of Columbia.

"Summons" includes a subpoena ad testificandum and subpoena duces tecum, order, or other notice requiring the appearance of a witness.

"Witness" includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. [L 1971, c 116, §1; HRS §719-1; ren L 1972, c 9, pt of §1; am L 2012, c 325, §3]
Haw. Rev. Stat. § 831-3.2 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-3.2
Expungement orders.
Status: in_force

(a) The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, or found eligible for redress under chapter 661B, shall issue an expungement order annulling, canceling, and rescinding the record of arrest; provided that an expungement order shall not be issued:

(1) In the case of an arrest for a felony or misdemeanor where conviction has not been obtained because of bail forfeiture;

(2) For a period of five years after arrest or citation in the case of a petty misdemeanor or violation where conviction has not been obtained because of a bail forfeiture;

(3) In the case of an arrest of any person for any offense where conviction has not been obtained because the person has rendered prosecution impossible by absenting oneself from the jurisdiction;

(4) In the case of a person who was involuntarily hospitalized pursuant to section 706-607, or who was acquitted or had charges dismissed pursuant to chapter 704 due to a physical or mental disease, disorder, or defect; and

(5) For a period of one year upon discharge of the defendant and dismissal of the charge against the defendant in the case of a deferred acceptance of guilty plea or nolo contendere plea, in accordance with chapter 853.

Any person entitled to an expungement order under this section may by written application also request return of all fingerprints or photographs taken in connection with the person's arrest. The attorney general or the attorney general's duly authorized representative within the department of the attorney general, within one hundred twenty days after receipt of the written application, shall, when requested, deliver, or cause to be delivered, all fingerprints or photographs of the person, unless the person has a record of conviction or is a fugitive from justice, in which case the photographs or fingerprints may be retained by the agencies holding the records.

(b) Upon the issuance of the expungement certificate, the person applying for the order shall be treated as not having been arrested in all respects not otherwise provided for in this section.

(c) Upon the issuance of the expungement order, all arrest records pertaining to the arrest that are in the custody or control of any law enforcement agency of the state or any county government, and that are capable of being forwarded to the attorney general without affecting other records not pertaining to the arrest, shall be so forwarded for placement of the arrest records in a confidential file.

(d) Records filed under subsection (c) shall not be divulged except upon inquiry by:

(1) A court of law or an agency thereof which is preparing a presentence investigation for the court;

(2) An agency of the federal or state government which is considering the subject person for a position immediately and directly affecting the national or state security; or

(3) A law enforcement agency acting within the scope of their duties.

Response to any other inquiry shall not be different from responses made about persons who have no arrest records.

(e) The attorney general or the attorney general's duly authorized representative within the department of the attorney general shall issue to the person for whom an expungement order has been entered, a certificate stating that the order has been issued and that its effect is to annul the record of a specific arrest. The certificate shall authorize the person to state, in response to any question or inquiry, whether or not under oath, that the person has no record regarding the specific arrest. Such a statement shall not make the person subject to any action for perjury, civil suit, discharge from employment, or any other adverse action.

(f) Every expungement order with a court case number issued by the attorney general shall be transmitted to the judiciary solely for the purposes of this section. The court shall seal or otherwise remove from the judiciary's publicly accessible electronic databases all judiciary files and other information pertaining to the applicable arrest or case of any person for whom an expungement order listing the court case number and arrest number associated with the offense has been entered and transmitted to the court; provided that the court's duties under this subsection shall not apply to any case referenced in the expungement order where the person for whom the order has been entered:

(1) Was charged with multiple offenses at least one of which is not the subject of the order; or

(2) Is only one of multiple defendants in the case at least one of whom has not been the subject of a prior expungement order.

The court shall make good faith diligent efforts to seal or otherwise remove the applicable files and information within a reasonable time.

(g) The meaning of the following terms as used in this section shall be as indicated:

"Arrest record" means any existing photographic and fingerprint cards relating to the arrest.

"Conviction" means a final determination of guilt whether by plea of the accused in open court, by verdict of the jury or by decision of the court.

(h) The attorney general shall adopt rules pursuant to chapter 91 necessary for the purpose of this section.

(i) Nothing in this section shall affect the compilation of crime statistics or information stored or disseminated as provided in chapter 846. [L 1974, c 92, §2; am L 1975, c 103, §1; am L 1976, c 116, §§1, 2; am L 1980, c 12, §1; am L 1983, c 78, §4; gen ch 1985; am L 1987, c 322, §1; am L 1993, c 7, §§1, 2; am L 2016, c 156, §3 and c 231, §66; am L 2018, c 97, §2; am L 2023, c 159, §2; am L 2025, c 3, §2]

Revision Note

In subsection (f), numeric designations deleted and definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 803-23 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-23
Searching vessels without warrant; penalty.
Status: in_force

It shall be lawful for the sheriff or a police officer, to search any vessel for deserters, criminals, or other offenders, without a warrant, on producing to the commanding officer of the vessel the sheriff's or police officer's commission or appointment as sheriff or police officer; and the commanding officer of a vessel who refuses any sheriff or police officer, access to the vessel or any part thereof shall be fined not less than $10 nor more than $1,000. [PC 1869, c 66, §12; RL 1925, §856; RL 1935, §1756; RL 1945, §10714; RL 1955, §255-14; am L 1963, c 85, §3; HRS §708-23; 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. § 832-15 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-15
Commitment to await requisition; bail.
Status: in_force

If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 832-6, that the person has fled from justice, the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 832-16, or until the accused shall be legally discharged.
Haw. Rev. Stat. § 803-44 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-44
Application for court order to intercept wire, oral, or electronic communications.
Status: in_force

The attorney general of this State, or a designated deputy attorney general in the attorney general's absence or incapacity, or the prosecuting attorney of each county, or a designated deputy prosecuting attorney in the prosecuting attorney's absence or incapacity, may make application 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, in the county where the interception is to take place, for an order authorizing or approving the interception of wire, oral, or electronic communications, and the court may grant in conformity with section 803-46 an order authorizing or approving the interception of wire, oral, or electronic communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, if the interception might provide or has provided evidence of:

(1) Murder;

(2) Kidnapping;

(3) Labor trafficking in the first degree;

(4) Labor trafficking in the second degree;

(5) Felony criminal property damage involving the danger of bodily injury as defined in section 707-700;

(6) Distribution of dangerous, harmful, or detrimental drugs;

(7) Conspiracy to commit one or more of the above; or

(8) Involvement of organized crime and any of the following felony offenses:

(A) Extortion;

(B) Bribery of a juror, witness, or police officer;

(C) Receiving stolen property;

(D) Gambling;

(E) Money laundering; and

(F) Sex trafficking. [L 1978, c 218, pt of §2; am L 1986, c 303, §4; am L 1989, c 164, §6; am L 2006, c 200, pt of §4; am L 2011, c 146, §3; am L 2016, c 206, §18]

Revision Note

In paragraph (6), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 833-6 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-6
Short title.
Status: in_force

This chapter may be cited as the Uniform Rendition of Accused Persons Act.
Haw. Rev. Stat. § 803-3 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-3
By person present.
Status: in_force

Anyone in the act of committing a crime, may be arrested by any person present, without a warrant. [PC 1869, c 49, §3; RL 1925, §3969; RL 1935, §5402; RL 1945, §10703; RL 1955, §255-3; HRS §708-3; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 844D-53 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-53
Analysis of forensic identification profiles.
Status: in_force

A biological sample obtained from a suspect in a criminal investigation for the commission of any crime may be analyzed for forensic identification profiles, including DNA profiles, by any private or law enforcement crime laboratory accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or any certifying body approved by the Director of the FBI and then compared by the department, in and between, as many cases and investigations as necessary, and searched against the forensic identification profiles, including DNA profiles, stored in the files of the state DNA database or data bank identification program or any available data banks or databases as part of the state DNA database and data bank identification program. The law enforcement investigating agency submitting a specimen, sample, or print impression to the department or law enforcement crime laboratory pursuant to this section shall inform the department within two years whether the person remains a suspect in a criminal investigation. Upon written notification from a law enforcement agency that a person is no longer a suspect in a criminal investigation, the department shall remove the suspect sample from its data bank files. However, any identification, warrant, arrest, or prosecution based upon a data bank or database match shall not be invalidated or dismissed due to a failure to purge or a delay in purging records.
Haw. Rev. Stat. § 844D-130 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-130
Successive motions.
Status: in_force

(a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not limited to factual, scientific, or legal arguments not previously presented, or the availability of more advanced DNA technology.

(b) The court may also, in its discretion, adjudicate any successive motions if the interests of justice so require. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 841-14.6 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-14.6
Assistance among counties.
Status: in_force

(a) When a coroner of a county with a population of less than 200,000 requires assistance in conducting an autopsy, the coroner may request the assistance of the medical examiner or coroner of a county with a population of 200,000 or more. The medical examiner or coroner of the county with a population of 200,000 or more, if agreeable, may provide the assistance.

(b) The county of the coroner requesting the autopsy shall pay for the expenses incurred by the medical examiner or coroner who provides assistance to another coroner under subsection (a). Expenses for which the requesting county shall pay include traveling expenses incurred by a pathologist to the county requesting the assistance, and expenses for transportation of and the conduct of tests on body tissues and organs sent to the medical examiner or coroner for analysis. [L 1987, c 23, pt of §1]
Haw. Rev. Stat. § 846D-4 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-4
Limitations on dissemination.
Status: in_force

Dissemination of information from the juvenile justice information system shall be limited whether directly or through any intermediary only to:

(1) Agencies which have primary investigative, detention, custodial, adjudicative, and program responsibility for minors, including but not limited to the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities;

(2) Individuals and agencies pursuant to a specific agreement with an agency with primary investigative, detention, custodial, and program responsibility to provide services to fulfill that responsibility; provided that the agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the purpose of this chapter;

(3) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a juvenile justice agency; provided that the agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purpose of this chapter;

(4) The minor, the minor's parents or guardians, and the minor's attorney and guardian ad litem for the purpose of examining records pertaining to the minor; or

(5) Persons who have been injured or damaged, their subrogees, and legal representatives; provided that the information is limited only to that information that may be disclosed as provided under section 571-84(f) and (g). [L 1991, c 311, pt of §2]
Haw. Rev. Stat. § 842-1 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-1
Definitions.
Status: in_force

As used in this chapter:

"Enterprise" includes any sole proprietorship, partnership, corporation, association, and any union or group of individuals associated for a particular purpose although not a legal entity.

"Organized crime" means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed sale of liquor, or corruption of law enforcement officers or other public officers or employers.

"Person" includes any individual or entity capable of holding a legal or beneficial interest in property and includes nonresident aliens.

"Racketeering activity" means any act or threat involving but not limited to murder, kidnapping, gambling, criminal property damage, robbery, bribery, extortion, labor trafficking, unlicensed sale of liquor, theft, or prostitution, or any dealing in narcotic or other dangerous drugs that is chargeable as a crime under state law and punishable by imprisonment for more than one year.

"Unlawful debt" means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state law in whole or in part as to principal or interest because of the law relating to usury. [L 1972, c 71, pt of §2; am L 1990, c 27, §2; am L 1991, c 175, §1; am L 2011, c 146, §4; am L 2019, c 15, §4]
Haw. Rev. Stat. § 833-4 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-4
Costs and attorney fees.
Status: in_force

All costs shall be paid by the designated agent and reasonable attorneys fees shall be awarded to the person whose removal is sought, if an order authorizing the person's return to the custody of the demanding court, judge or magistrate is not issued.
Haw. Rev. Stat. § 804-12 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-12
Bond for minor.
Status: in_force

When the person admitted to bail is a minor the bond shall notwithstanding be valid. [PC 1869, c 50, §11; RL 1925, §3988; RL 1935, §5442; RL 1945, §10742; RL 1955, §256-12; HRS §709-12; ren L 1972, c 9, pt of §1; am L 1980, c 195, §1]
Haw. Rev. Stat. § 802E-3 — HI Code / Division 5 / Title 38 / Chapter 802E / Section 802E-3
Failure to advise; vacation of judgment.
Status: in_force

If the court fails to advise the defendant as required by sections 802E-2 and 802E-4 and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, on defendant's motion, the court shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement.
Haw. Rev. Stat. § 803-36 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-36
Notice to applicant.
Status: in_force

Before executing the warrant the officer shall give notice to the person who applied for it, that the person may be present and identify the property if found. [PC 1869, c 48, §7; RL 1925, §3964; RL 1935, §5416; RL 1945, §10721; RL 1955, §255-21; HRS §708-36; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 834-3 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-3
Cooperation by agencies.
Status: in_force

All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Haw. Rev. Stat. § 844D-82 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-82
Confidentiality.
Status: in_force

(a) Non-DNA forensic identification information may be filed with the other computerized data bank or database systems maintained by the department.

(b) The DNA and other forensic identification information retained by the department pursuant to this chapter shall not be included in the state summary criminal history information. However, nothing in this chapter precludes law enforcement personnel from entering into a person's criminal history information or offender file maintained by the department, the fact that the specimens, samples, or print impressions required by this chapter have or have not been collected from that person.

(c) The fact that the specimens, samples, or print impressions required by this chapter have been received by the department shall be included in the state summary criminal history information as soon as administratively practicable.

(d) The print impressions of each hand shall be filed and maintained by the department of the attorney general, and may be included in the state summary criminal history information.

(e) DNA samples, DNA profiles, and other forensic identification information shall be released only to law enforcement agencies, including but not limited to the department of the attorney general, parole officers of the department of corrections and rehabilitation, hearing officers of the parole authority, probation officers, the department, and prosecuting attorneys' offices, unless otherwise specifically authorized [by] this chapter.

(f) Dissemination of DNA specimens, samples, and DNA profiles, and other forensic identification information to law enforcement agencies and prosecutors outside this State shall be performed in conformity with the provisions of this chapter.

(g) A defendant's DNA and other forensic identification information developed pursuant to this chapter shall be available to the person's defense counsel upon court order.

(h) Except as provided in subsection (g) and to protect the confidentiality and privacy of state DNA database and data bank identification program information, the department and DNA laboratories shall not otherwise be compelled in a criminal or civil proceeding to provide any DNA profile or database or data bank information, or information on its computer database program software or structures to any person or party seeking such records or information whether by subpoena or discovery, or other procedural device or inquiry. [L 2005, c 112, pt of §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 844D-57 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-57
No invalidation based on erroneous placement or retention of specimens, samples, or print impressions.
Status: in_force

The detention, arrest, wardship, adjudication, or conviction of a person based upon a data bank match or database information is not invalidated if it is determined that the specimens, samples, or print impressions were obtained or placed or retained in a data bank or database by mistake.
Haw. Rev. Stat. § 835-2 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-2
Material witness order; when authorized; by what courts issuable; duration thereof.
Status: in_force

(a) A material witness order may be issued upon the ground that there is a reasonable cause to believe that a person whom the people or the defendant desire to call as a witness in a pending criminal action:

(1) Possesses information material to the determination of the action; and

(2) Will not be amenable or responsive to a subpoena at a time when the person's attendance will be sought.

(b) A material witness order may be issued only when:

(1) An indictment, information, or felony complaint has been filed in a circuit or family court and is currently pending therein;

(2) A grand jury proceeding has been commenced and is currently pending; or

(3) A felony complaint has been filed with a district court and is currently pending therein.

(c) The following courts may issue material witness orders under the indicated circumstances:

(1) When an indictment, an information, or a felony complaint has been filed, or a grand jury proceeding has been commenced, or a defendant has been held by a district or family court for the action of a grand jury, a material witness order may be issued only by the circuit or family court in which the indictment is pending or by the grand jury that has been or will be impaneled; and

(2) When a felony complaint is currently pending in a district court, a material witness order may be issued either by that court or by the circuit or family court that would have jurisdiction of the case upon indictment by the grand jury or upon a finding of probable cause by a district court.

(d) Unless vacated pursuant to section 835-6, a material witness order remains in effect during the following periods of time under the indicated circumstances:

(1) An order issued by a circuit or family court under the circumstances prescribed in subsection (c)(1) remains in effect during the pendency of the criminal action in the circuit court or family court; and

(2) An order issued by a district or family court under circumstances prescribed in subsection (c)(2), remains in effect:

(A) Until the disposition of the felony complaint pending in the court;

(B) If the defendant is held for the action of the grand jury, during the pendency of the grand jury proceeding;

(C) If an indictment results, for a period of ten days following the filing of the indictment; and

(D) If within the ten-day period, the order is endorsed by the circuit or family court in which the indictment was pending, during the pendency of the action in the circuit or family court. Upon the endorsement, the order is deemed to be that of the circuit or family court. [L 1971, c 214, pt of §1; HRS §718-2; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2018, c 99, §1]

Revision Note

In subsection (b)(1), "or" deleted and in subsection (d)(2), (i) to (iv) reformatted as subparagraphs (A) to (D) and "and" deleted subparagraphs (A) and (B) pursuant to §23G-15.
Haw. Rev. Stat. § 803-43 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-43
Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.
Status: in_force

Any person, other than a provider of wire or electronic communication service and its duly authorized officers, employees, and agents, or any person acting under color of law, who, in this State, intentionally manufactures, assembles, possesses, or distributes, or who attempts to distribute, any electronic, mechanical, or other device, knowing or having reason to know that the device or the design of the device renders it primarily useful for the purpose of surreptitious interception of wire, oral, or electronic communications, or who intentionally places an advertisement of any such device or promotes the use of any such device in any newspaper, magazine, handbill, or other publication, shall be guilty of a class C felony. Any such electronic, mechanical, or other device in violation of this section shall be subject to seizure and forfeiture under chapter 712A.
Haw. Rev. Stat. § 803-11 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-11
Entering house to arrest.
Status: in_force

Whenever it is necessary to enter a house to arrest an offender, and entrance is refused, the officer or person making the arrest may force an entrance by breaking doors or other barriers. But before breaking any door, the officer or person shall first demand entrance in a loud voice, and state that the officer or person is the bearer of a warrant of arrest; or if it is in a case in which arrest is lawful without warrant, the officer or person shall substantially state that information in an audible voice. [PC 1869, c 49, §10; RL 1925, §3976; RL 1935, §5410; RL 1945, §10711; RL 1955, §255-11; HRS §708-11; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 844D-2 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-2
Administration.
Status: in_force

The department shall be responsible for the management and administration of the state DNA database and data bank identification program and for liaison with the FBI and other relevant agencies regarding the State's participation in a national DNA database such as the FBI's Combined DNA Index System, that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories nationwide.
Haw. Rev. Stat. § 803-33 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-33
Affidavit.
Status: in_force

A search warrant can be granted in no case but on an affidavit setting forth sufficient facts in the opinion of the magistrate to justify the issuing of the warrant. [PC 1869, c 48, §4; RL 1925, §3961; RL 1935, §5413; RL 1945, §10718; RL 1955, §255-18; HRS §708-33; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 806-39 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-39
Same.
Status: in_force

In all other cases whenever it is necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe the instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.
Haw. Rev. Stat. § 841-4 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-4
Testimony under oath reduced to writing.
Status: in_force

The testimony of all witnesses examined by any coroner or deputy coroner pertaining to the death of any person wherein a coroner's investigation is required, shall be taken under oath, reduced to writing by the coroner, or deputy coroner or by some other person by the coroner's or deputy coroner's direction, and subscribed to by witnesses.
Haw. Rev. Stat. § 846D-1 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-1
Responsibility for system.
Status: in_force

(a) The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all juvenile justice custodial, adjudicative, and program data from all agencies that have primary investigative, action, or program responsibility for minors, including the county police departments, the county prosecutors, the family courts, and the Hawaii youth correctional facilities, in such a manner as to balance the right of the public and press to be informed and the right of privacy and confidentiality of minors and their families, and to provide accurate, comprehensive, and timely information to government agencies concerned with juvenile offenders to carry out their responsibilities.

(b) The information collected and stored in the juvenile justice information system shall not include any fingerprints, psychiatric reports, or social and clinical studies or examinations, but may contain information indicating the availability of reports and the procedures for requesting such information.

(c) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information and obtaining the agreement of agencies permitted to directly input and access information.

(d) Upon receipt of an expungement order issued by the family court under section 571-88, the attorney general shall expunge the arrest record of the minor. [L 1991, c 311, pt of §2; am L 2001, c 233, §4]
Haw. Rev. Stat. § 803-38 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-38
Munitions of war.
Status: in_force

If there is reasonable cause to believe that arms or munitions of war are collected in any place for the purpose of insurrection or riot, or any other unlawful purpose, a search warrant may be issued in such case, with or without an order to the officer executing the same to bring before the judge or magistrate issuing the same the person in whose possession the arms or munitions of war may be found. And in case the warrant contains no such order, the arms or munitions of war shall, if found, be brought before the judge, or magistrate, and be secured by the judge or magistrate. The judge or magistrate shall as soon as may be cause a notice to be published in some newspaper, describing the articles seized and giving notice of a time and place of a hearing, to take place not less than four and not more than five weeks from the publication of the notice, at which time and place all parties claiming the articles may appear and prove ownership. If no appearance is made at the hearing, and no action is brought previous to the time of the hearing for the recovery of the goods by the parties claiming the goods, the same shall be forfeited to the State. But if any parties appear at the hearing claiming the goods, or bring action before the time of the hearing for the recovery thereof, their claim shall be heard. If in the opinion of the court the claims are not satisfactorily proved, or if they are proved, but the court finds reasonable cause to believe that the articles were collected for the purpose of insurrection, or riot, or for any other unlawful purpose, the same shall be forfeited to the State. In any hearing the burden of proof shall be upon the claimant to show that the arms or munitions of war were not collected or procured for the purpose of insurrection or riot or other unlawful purpose.

In the case of any seizure of articles by search warrant under this section, no claimant shall be entitled to the delivery of the articles before judgment in an action for the recovery thereof, under chapter 654 or any other law. [L 1893-4, c 34, §1; RL 1925, §3966; RL 1935, §5418; RL 1945, §10723; RL 1955, §255-23; HRS §708-38; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 844D-33 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-33
Notification by prosecutor and inquiry by court.
Status: in_force

(a) If at any stage of court proceedings the prosecutor determines that the specimens, samples, or print impressions required by this chapter have not already been taken from any person required to give specimens, samples, or print impressions by this chapter, the prosecutor shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, or print impressions required by law. However, a failure by the prosecutor or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, or print impressions pursuant to this chapter.

(b) Prior to final disposition or sentencing in a case, the court shall inquire and verify that the specimens, samples, or print impressions required by this chapter have been obtained and that this fact is included in the judgment. The judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state DNA database and data bank identification program and be subject to this chapter. However, failure by the court to enter these facts in the judgment shall not invalidate a plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 804-5 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-5
By whom allowed.
Status: in_force

In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, or the sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail. The court shall impose conditions of release or bail that are the least restrictive conditions required to ensure the accused's appearance and to protect the public.
Haw. Rev. Stat. § 832-9 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-9
Authority of arresting officer.
Status: in_force

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Haw. Rev. Stat. § 844D-83 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-83
Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.
Status: in_force

(a) If any employee of the department knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency for other than criminal identification or exclusion purposes or for other than the identification of missing persons, in violation of this chapter, the department shall be liable in civil damages to the donor of the DNA identification information in the amount of $5,000 for each violation, plus attorney's fees and costs. In the event of multiple violations, total damages shall not exceed $50,000 plus attorney's fees and costs.

(b) Notwithstanding any other law to the contrary, this section shall provide the sole and exclusive remedy against the department and its employees available to the donor of the DNA. The department's employee disclosing DNA identification information in violation of this chapter shall be absolutely immune from civil liability under any other law. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 836-6 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-6
Short title.
Status: in_force

This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings".
Haw. Rev. Stat. § 841-16 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-16
Disposal of decomposed remains.
Status: in_force

The coroner's physician may order forthwith the cremation of the remains of any person appearing to have come to death under any of the circumstances set forth in section 841-3 if, in the coroner's physician's opinion, the remains constitute an immediate menace to the public health. The cremation shall be supervised by the coroner and shall take place only after a reasonable amount of investigation has taken place in an effort to establish the identity of the remains and the cause of death. Such cremation shall take place after a burial-transit permit authorizing cremation has been secured from the local agent of the department of health.
Haw. Rev. Stat. § 844D-92 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-92
Local DNA laboratories.
Status: in_force

Any local DNA laboratory that produces DNA profiles of known reference samples for inclusion within the permanent files of the state DNA database and data bank identification program shall follow the instructions of the department for production of DNA profiles.
Haw. Rev. Stat. § 803-34 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-34
Contents.
Status: in_force

The warrant shall be in writing, signed by the judge or magistrate, with the judge's or magistrate's official designation, or issued pursuant to section 803-33.5, and shall be directed to a sheriff or other officer of justice, and commanding the sheriff or other officer to search for and bring before the judge or magistrate the property or articles specified in the affidavit, to be disposed of according to justice, and also to bring before the judge or magistrate for examination the person in whose possession the property or articles may be found. The warrant shall identify any individual or entity authorized pursuant to section 803-37 to provide technical assistance to the sheriff or officer. [PC 1869, c 48, §5; RL 1925, §3962; RL 1935, §5414; RL 1945, §10719; RL 1955, §255-19; HRS §708-34; 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, §2; am L 2019, c 117, §3]
Haw. Rev. Stat. § 831-6 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-6
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. § 845-1 — HI Code / Division 5 / Title 38 / Chapter 845 / Section 845-1
Findings and purpose.
Status: in_force

The legislature finds that a substantial and disproportionate amount of serious crime is committed against the people by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. In enacting this chapter, the legislature intends to support increased efforts by prosecuting attorneys' offices to prosecute career criminals through organizational and operational techniques that have been proven effective in selected counties in other states.
Haw. Rev. Stat. § 844D-64 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-64
Processing of offender specimens.
Status: in_force

(a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI's Combined DNA Index System and the state DNA database and data bank identification program, the department is authorized to contract with other laboratories, whether public or private, including law enforcement laboratories, that have the capability of fully analyzing offender specimens or samples within sixty days of receipt, for the anonymous forensic identification testing of specimens and samples as provided in this chapter and in accordance with the quality assurance requirement established by the FBI for its Combined DNA Index System.

(b) Contingent upon the availability of sufficient funds, the department shall immediately contract with other laboratories, whether public or private, including law enforcement laboratories, for the anonymous forensic identification testing of offender reference specimens or samples and any arrestee reference specimens or samples collected pursuant to section 844D-31(a), as provided in subsection (a) of this section and in accordance with the quality assurance requirements established by the FBI for its Combined DNA Index System for any specimens or samples that are not fully analyzed and uploaded into the Combined DNA Index System database within six months of the receipt of the reference specimens or samples by the department. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 806-49 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-49
Arraignment; plea of not guilty.
Status: in_force

If any person being arraigned upon any indictment for any offense pleads thereto a plea of "not guilty", the person shall by that plea without any further form, be deemed to have put oneself upon the country for trial, and the court shall in the usual manner order a jury for the trial of the person accordingly.
Haw. Rev. Stat. § 806-8 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-8
Prosecution where indictment not essential.
Status: in_force

In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without an indictment by a grand jury, the legal prosecutor may arraign and prosecute the accused upon an information, complaint, or an indictment at the prosecutor's election; and in all criminal cases brought in the first instance in a court of record the prosecutor may arraign and prosecute the accused by information, complaint, or indictment, as the case may be, whether there has been a previous examination, or commitment for trial by a judge, or not.
Haw. Rev. Stat. § 844D-102 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-102
Authority under other laws not affected.
Status: in_force

(a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain its own DNA-related databases or data banks, or to restrict the department with respect to data banks and databases created by other statutory authority, including but not limited to databases related to fingerprints, firearms and other weapons, child abuse, domestic violence deaths, child deaths, driving offenses, missing persons, sex offender registration, and criminal justice statistics.

(b) Nothing in this chapter shall be construed to limit the authority of the medical examiner of the city and county of Honolulu or county coroners or their agents, in the course of their scientific investigation, to use genetic and DNA technology to inquire into and determine the circumstances, manner, and cause of death, or to employ or use outside laboratories, hospitals, or research institutions that use genetic and DNA technology. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 846D-7 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-7
Penalty.
Status: in_force

Any person who knowingly permits the dissemination of information in violation of this chapter, or any person who gains unauthorized access to information in the juvenile justice information system, shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 846E-10 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-10
Termination of registration requirements.
Status: in_force

(a) Tier 3 offenses. A covered offender whose covered offense is any of the following offenses shall register for life and, except as provided in subsection (f), shall not petition the court, in a civil proceeding, for termination of registration requirements:

(1) Any offense set forth in section 707-730(1)(a), (b), (d), or (e); 707-731(1)(a) or (b); 707-732(1)(a), (b), or (g); or 707-733.6;

(2) An offense set forth in section 707-720; provided that the offense involves kidnapping of a minor by someone other than a parent;

(3) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1) or (2);

(4) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), or (3); or

(5) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), or (3).

(b) A repeat covered offender shall register for life and, except as provided in subsection (f), shall not petition the court, in a civil proceeding, for termination of registration requirements.

(c) Tier 2 offenses. A covered offender who has maintained a clean record for the previous twenty-five years, excluding any time the offender was in custody or civilly committed, and who has substantially complied with the registration requirements of this chapter for the previous twenty-five years, or for the portion of that twenty-five years that this chapter has been applicable, and who is not a repeat covered offender may petition the court, in a civil proceeding, for termination of registration requirements; provided that the covered offender's most serious covered offense is one of the following:

(1) Any offense set forth in section 707-730(1)(c), 707-731(1)(c) or (d), 707-732(1)(c), 707-750, 707-751, 712-1202, or 712-1203(1)(b), as section 712-1203(1)(b) read before its amendment pursuant to section 9 of Act 147, Session Laws of Hawaii 2008;

(2) An offense set forth in section 707-720; provided that the charging document for the offense for which there has been a conviction alleged intent to subject the victim to a sexual offense;

(3) An offense set forth in section 707-756 that includes an intent to promote or facilitate the commission of another felony covered offense as defined in section 846E-1;

(4) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1), (2), or (3);

(5) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4); or

(6) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4).

(d) Tier 1 offenses. A covered offender who has maintained a clean record for the previous ten years, excluding any time the offender was in custody or civilly committed, and who has substantially complied with the registration requirements of this chapter for the previous ten years, or for the portion of that ten years that this chapter has been applicable, and who is not a repeat covered offender may petition the court, in a civil proceeding, for termination of registration requirements; provided that the covered offender's most serious covered offense is one of the following:

(1) Any offense set forth in section 707-732(1)(d), (e), or (f); 707-733(1)(a), (b), or (d); 707-741; 707-752; 707-759; 711-1109.8; 711-1110.9; 712-1203(1); or 712-1209.1;

(2) An offense set forth in section 707-721 or 707-722; provided that the offense involves unlawful imprisonment of a minor by someone other than a parent;

(3) An offense set forth in section 707-757 that includes an intent to promote or facilitate the commission of another covered offense as defined in section 846E-1;

(4) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1), (2), or (3);

(5) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4);

(6) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), (3), or (4); or

(7) Any other covered offense that is not specified in subsection (a) or (c) or paragraph (1), (2), (3), (4), (5), or (6).

(e) If the covered offender's most serious covered offense is set forth in section 708-893, then the designated tier of the separate crime as provided in section 708-893, shall set forth the covered offender's appropriate termination of registration requirements.

(f) Notwithstanding any other provisions in this section, any covered offender, forty years after the covered offender's date of release or sentencing, whichever is later, for the covered offender's most recent covered offense, may petition the court, in a civil proceeding, for termination of registration requirements.

(g) In the civil proceeding for termination of registration requirements, the State shall be represented by the attorney general; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State to represent the State. For covered offenders who have never been convicted of a covered offense within the State, the attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the covered offender resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:

(1) The covered offender has met the statutory requirements of eligibility to petition for termination;

(2) The covered offender has substantially complied with registration requirements;

(3) The covered offender is very unlikely to commit a covered offense ever again; and

(4) Registration by the covered offender will not assist in protecting the safety of the public or any member thereof.

(h) A person who does not meet the criteria for registration as a covered offender under the laws of this State, but is subject to registration pursuant to section 846E-2(b), may petition the court, in a civil proceeding, for termination of registration requirements; provided that the person has maintained a clean record for the previous ten years, excluding any time the person was in custody or civilly committed; has substantially complied with the registration requirements of this chapter for the previous ten years; and was not designated a repeat covered offender in any state or jurisdiction. The attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the person resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:

(1) The person has met the statutory requirements of eligibility to petition for termination;

(2) The person has substantially complied with registration requirements;

(3) The person is very unlikely to commit a covered offense; and

(4) Registration by the person will not assist in protecting the safety of the public or any member thereof.

(i) A denial by the court for relief pursuant to a petition under this section shall preclude the filing of another petition for five years from the date of the most recent denial. [L 2005, c 45, pt of §1; am L 2008, c 80, §9; am L 2011, c 125, §2; am L 2013, c 64, §10 and c 247, §6; am L 2016, c 206, §19; am L 2021, c 40, §3 and c 239, §4 ; am L 2025, c 149, §5]
Haw. Rev. Stat. § 844D-63 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-63
Limitations on civil and criminal liability.
Status: in_force

(a) Persons authorized to draw blood or obtain samples or print impressions under this chapter for the data bank or database shall not be civilly or criminally liable either for withdrawing blood when done in accordance with medically accepted procedures, or for obtaining buccal swab samples by scraping inner cheek cells of the mouth, or print impressions when performed in accordance with standard professional practices.

(b) There shall be no civil or criminal cause of action against any law enforcement agency or the department, or any employee thereof, for a mistake in confirming a person's or sample's qualifying status for inclusion within the database or data bank or in placing an entry in a data bank or a database.

(c) The failure of the department or local law enforcement to comply with this chapter shall not invalidate an arrest, plea, conviction, or disposition. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 801-2 — HI Code / Division 5 / Title 38 / Chapter 801 / Section 801-2
Witnesses; defense.
Status: in_force

In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross-examine those produced against him; and to be heard in his defense. [PC 1869, c 2, §3; RL 1925, §3932; RL 1935, §5355; RL 1945, §10686; RL 1955, §253-6; HRS §705-6; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 801D-3 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-3
Eligibility of victims.
Status: in_force

A victim has the rights afforded by this chapter and is eligible for the services under this chapter only if the victim reported the crime to police within three months of its occurrence or discovery, unless the victim had justification to do otherwise.
Haw. Rev. Stat. § 846E-6 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-6
Requirement to register a change of registration information; verification by the attorney general.
Status: in_force

(a) A covered offender required to register under this chapter, who changes any of the covered offender's registration information after an initial registration with the attorney general, shall notify the attorney general of the new registration information in writing within three working days of the change. For purposes of this section, a person shall be deemed to have established a new residence during any period in which the person is absent from the person's registered residence for ten or more days. If, at any time, a covered offender required to register under this chapter is absent from the person's registered residence for ten or more days, the covered offender shall notify the attorney general in writing within three working days of the covered offender's current residence information. If the covered offender leaves the State and establishes a new residence in another state that has a registration requirement, the person shall register with the designated law enforcement agency in the state to which the person moves, within the period of time mandated by the new state's sex offender registration laws.

(b) If the attorney general receives notice from the Federal Bureau of Investigation that a covered offender required to be registered under this chapter or under any federal law has entered the State, the attorney general shall notify the Federal Bureau of Investigation of the offender's new residence.

(c) If the attorney general cannot verify the address of or locate a covered offender required to be registered under this chapter or under federal law, the attorney general immediately shall notify the Federal Bureau of Investigation. [L 1997, c 316, pt of §2; am L 1998, c 194, §§7, 8; am L 2003, c 62, §8; am L 2004, c 59, §4; am L 2005, c 45, §8; am L 2006, c 106, §4; am L 2013, c 64, §8]
Haw. Rev. Stat. § 804-3 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-3
Bailable offenses.
Status: in_force

(a) For purposes of this section, "serious crime" means murder or attempted murder in the first degree, murder or attempted murder in the second degree, or a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, and "bail" includes release on one's own recognizance, supervised release, and conditional release.

(b) Any person charged with a criminal offense shall be bailable by sufficient sureties; provided that bail may be denied where the charge is for a serious crime, and:

(1) There is a serious risk that the person will flee;

(2) There is a serious risk that the person will obstruct or attempt to obstruct justice, or therefore, injure, or intimidate, or attempt to thereafter, injure, or intimidate, a prospective witness or juror;

(3) There is a serious risk that the person poses a danger to any person or the community; or

(4) There is a serious risk that the person will engage in illegal activity.

(c) Under subsection (b)(1) a rebuttable presumption arises that there is a serious risk that the person will flee or will not appear as directed by the court where the person is charged with a criminal offense punishable by imprisonment for life without possibility of parole. For purposes of subsection (b)(3) and (4) a rebuttable presumption arises that the person poses a serious danger to any person or community or will engage in illegal activity where the court determines that:

(1) The defendant has been previously convicted of a serious crime involving violence against a person within the ten-year period preceding the date of the charge against the defendant;

(2) The defendant is already on bail on a felony charge involving violence against a person; or

(3) The defendant is on probation or parole for a serious crime involving violence to a person.

(d) If, after a hearing the court finds that no condition or combination of conditions will reasonably assure the appearance of the person when required or the safety of any other person or community, bail may be denied. [L 1892, c 32, §1; RL 1925, §3978; RL 1935, §5432; RL 1945, §10733; RL 1955, §256-3; am L 1957, c 282, §7; HRS §709-3; ren L 1972, c 9, pt of §1; am L 1980, c 242, §2; am L 1981, c 97, §1; am L 1985, c 166, §1; am L 1987, c 139, §5]
Haw. Rev. Stat. § 841-5 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-5
Form of oath.
Status: in_force

The coroner or deputy coroner may administer an oath to the witnesses as follows:

"You solemnly swear that the evidence you shall give to this inquest concerning the death of the person (giving the name of the person dead if possible) which is now under investigation, shall be the truth, the whole truth, and nothing but the truth: SO HELP YOU GOD." [L 1935, c 90, §5; RL 1945, §10905; RL 1955, §260-5; HRS §715-5; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 832-7 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-7
Issue of governor's warrant of arrest; its recitals.
Status: in_force

If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the great seal of the State, and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Haw. Rev. Stat. § 801-1 — HI Code / Division 5 / Title 38 / Chapter 801 / Section 801-1
Indictment, complaint, or information.
Status: in_force

(a) No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon indictment, complaint, or information, except for offenses within the jurisdiction of a district court or in summary proceedings for contempt. For any felony offense to be tried and sentenced upon complaint, a finding of probable cause after a preliminary hearing, or a waiver of the probable cause determination at the preliminary hearing, shall be required.

(b) If initiation of a felony prosecution is sought via an indictment by a grand jury or a finding of probable cause after a preliminary hearing, and is denied, initiation of a felony prosecution for the same offense using the same or an available alternative charging method or by seeking a different judge or jury shall not be permitted unless:

(1) Additional material evidence is presented;

(2) The initial hearing was before a grand jury and there is a subsequent finding of grand jury misconduct or grand jury counsel misconduct; or

(3) A court, upon application of the prosecutor, finds good cause to allow a subsequent presentation; provided that this paragraph shall not apply if prosecutors have previously sought a subsequent presentation for good cause. [PC 1869, c 2, §2; RL 1925, §3931; RL 1935, §5352; RL 1945, §10684; RL 1955, §253-4; HRS §705-4; ren L 1972, c 9, pt of §1; am L 2023, c 1, §2]
Haw. Rev. Stat. § 803-47 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47
Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices.
Status: in_force

(a) In January of each year, the attorney general and county prosecuting attorneys of this State shall report to the administrative director of the courts of this State and to the administrative office of the United States Courts:

(1) The fact that an order or extension was applied for;

(2) The kind of order or extension applied for;

(3) The fact that the order or extension was granted as applied for, was modified, or was denied;

(4) The period of interceptions authorized by the order, and the number and duration of any extensions of the order;

(5) The offense specified in the order or application, or extension of an order;

(6) The identity of the investigative or law enforcement officer and agency requesting the application and the person authorizing the request for application;

(7) The nature of the facilities from which or the place where communications were to be intercepted;

(8) A general description of the interceptions made under such order or extension, including:

(A) The approximate nature and frequency of incriminating communications intercepted;

(B) The approximate nature and frequency of other communications intercepted;

(C) The approximate number of persons whose communications were intercepted; and

(D) The approximate nature, amount, and cost of the personnel and other resources used in the interceptions;

(9) The number of arrests resulting from interceptions made under an order or extension of the order, and the offenses for which the arrests were made;

(10) The number of trials resulting from the interceptions;

(11) The number of motions to suppress made with respect to the interceptions and the number granted or denied;

(12) The number of convictions resulting from the interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions;

(13) The information required by paragraphs (2) through (6) of this subsection with respect to orders or extensions obtained in a preceding calendar year and not yet reported; and

(14) Other information required by the rules and regulations of the administrative office of the United States Courts.

(b) In March of each year the administrative director of the courts shall transmit to the legislature a full and complete report concerning the number of applications for orders authorizing or approving the interception of wire, oral, or electronic communications and the number of orders and extensions granted or denied during the preceding calendar year. The report shall include a summary and analysis of the data required to be filed with the administrative director of the courts by the attorney general and prosecuting attorneys.

(c) The attorney general, at least twenty days prior to the convening of each regular session, shall annually report to the legislature on the number of pen register orders and orders for trap and trace devices applied for by law enforcement agencies of the State. [L 1978, c 218, pt of §2; am L 1986, c 303, §7; am L 1989, c 164, §9; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 841-14.5 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-14.5
Performance of autopsy by pathologist.
Status: in_force

An autopsy of a deceased person under this chapter shall be performed by an anatomic or forensic pathologist certified as such by the American Board of Pathology.
Haw. Rev. Stat. § 846E-5 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-5
Periodic verification of registration information.
Status: in_force

(a) For the covered offender who has registered a permanent residence address to which the United States Postal Service will deliver mail or a permanent residence and a registered post office box, during the first week of the months of January, April, July, and October of every year, the attorney general shall mail a nonforwardable verification form to the last reported permanent residence address or post office box of the covered offender. Upon receipt of the verification form:

(1) The covered offender shall sign the verification form and state that the covered offender still resides at the address last reported to the attorney general and that no other registration information has changed or shall provide the new information; and

(2) The covered offender shall mail the signed and completed verification form to the attorney general within ten days after receipt of the form.

(b) For the covered offender who has registered:

(1) A temporary residence address;

(2) A description of a place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period;

(3) No place of residence; or

(4) A permanent residence address, to which the United States Postal Service will not deliver mail, and has no registered post office box,

during the first week of the months of January, April, July, and October of every year, the covered offender shall 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 for purposes of administration of this section, and shall review the existing information in the registry that is within the covered offender's knowledge, correct any information that has changed or is inaccurate, and provide any new information that may be required.

(c) The periodic verification provisions of this section shall not apply to covered offenders who are incarcerated or have registered with a designated law enforcement agency after establishing residence in another state. [L 1997, c 316, pt of §2; am L 2005, c 45, §7; am L 2013, c 64, §7]
Haw. Rev. Stat. § 806D-1 — HI Code / Division 5 / Title 38 / Chapter 806D / Section 806D-1
Definitions.
Status: in_force

Whenever used in this chapter, unless otherwise apparent from the context:

"Adverse result" includes one or more of the following possible consequences:

(1) Danger to the life or physical safety of an individual;

(2) A flight from prosecution;

(3) The destruction of, potential loss of, or tampering with evidence;

(4) The intimidation of potential witnesses; or

(5) Jeopardy to an investigation or undue delay of a trial.

"Applicant" means a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under section 806D-2.

"Criminal process" means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State.

"Defense attorney" means an attorney of record for a person charged with a crime, when such attorney is seeking the issuance of criminal process for the defense of the criminal case.

"Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.

"Recipient" means a person, as defined in section 701-118, or a business, as defined in section 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. [L 2012, c 325, pt of §2; am L 2014, c 219, §1; am L 2016, c 160, §1]
Haw. Rev. Stat. § 804-11.5 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-11.5
Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail.
Status: in_force

(a) Any person who is permitted to give bail in accordance with section 804-7.4 may secure the bail bond by a deposit, with the clerk of the appropriate court, of:

(1) Cash or credit or debit card authorization equal to the amount of the bail;

(2) The unencumbered interest in personal property which has a market value of not less than the amount of the bail bond; or

(3) Deeds for real property:

(A) Situated in this State;

(B) Not exempt from attachment or execution under section 651-92;

(C) Owned by the person depositing the bail; and

(D) Consisting of an unencumbered interest the value of which is at least double the amount of the bail bond.

(b) If the bail bond is secured by stocks and bonds the person giving the bail shall file with the bond a sworn schedule which shall be approved by the court and shall contain:

(1) A list of the stocks and bonds deposited describing each in detail that they may be identified;

(2) The present market value of each stock and bond;

(3) The total market value of the stocks and bonds listed;

(4) A statement that the affiant is or affiants are the sole owner or owners of the stocks and bonds listed; and

(5) A statement that the stocks and bonds are security for the appearance of the defendant in accordance with the conditions of release imposed by the court.

(c) If the bail bond is secured by real property the person giving the bail shall file with the bond a statement of value of the real property from the tax assessor of the county in which the real property is located and a sworn schedule which shall contain:

(1) A legal description of the real property;

(2) A description of any and all encumbrances on the real property including the amount of each and the holder thereof;

(3) The market value of the unencumbered interest owned by the affiant or affiants;

(4) A statement that the affiant is the sole owner, or in the case of jointly owned real property, that affiants are the sole owners of the unencumbered interest and that it is not exempt from execution under section 651-92; and

(5) A statement that the real property is security for the appearance of the defendant in accordance with the conditions of release imposed by the court.

(d) The sworn schedule shall constitute a material part of the bail bond. An affiant commits the offense of perjury under section 710-1060 if in the sworn schedule the affiant makes a false statement which the affiant does not believe to be true.

(e) The clerk of the court requiring the bail bond shall immediately file a certified copy of the bail bond and schedule of real property in the office of the court clerk of the circuit in which the real property is situated. The bail bond and schedule of real property shall be accompanied by the necessary recording fee, which shall be paid by the affiant or affiants. The court clerk shall record the copies of the bail bond and schedule and thereupon the State shall have a lien on the real property from the date and time of recordation. The instruments described in this section shall be recorded with the bureau of conveyances.

(f) For the purposes of this section, an unencumbered interest in real property, stocks, or bonds, means that the interest is not encumbered by any lien or encumbrance or is not currently being used as security for a bail bond.

(g) In case the officer taking the bail doubts the sufficiency of the person giving bail, the officer may compel that person, either by oath or otherwise, to furnish proof of the person's sufficiency. [L 1987, c 139, §9(3); am L 2004, c 71, §3]
Haw. Rev. Stat. § 831-4 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-4
Saving provisions.
Status: in_force

(a) This chapter does not affect the power of a court, otherwise given by law to impose sentence or to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the Hawaii paroling authority to impose conditions of parole.

(b) This chapter does not deprive or restrict the authority and powers of officials of a penal institution or other penal facility, otherwise provided by law, for the administration of the institution or facility or for the control of the conduct and conditions of confinement of a convicted person in their custody.

(c) This chapter does not affect the qualifications or disqualifications otherwise required or imposed by law for a designated office, public or private, or to serve as a juror or to vote or for any designated profession, trust, or position, or for any designated license or privilege conferred by public authority.

(d) This chapter does not affect the rights of others arising out of the conviction or out of the conduct on which the conviction is based and not dependent upon the doctrines of civil death, the loss of civil rights, the forfeiture of estate, or corruption of blood.

(e) This chapter does not affect laws governing rights of inheritance of a murderer from the murderer's victim. [L 1969, c 250, pt of §1; HRS §716-4; ren L 1972, c 9, pt of §1; am L 1976, c 92, §8; gen ch 1985]
Haw. Rev. Stat. § 832-13 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-13
Arrest prior to requisition.
Status: in_force

Whenever any person within this State is charged on the oath of any credible person before any judge of this State with the commission of any crime in any state and, except in cases arising under section 832-6, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint has been made before any judge in this State setting forth on the affidavit of any credible person in any state that a crime has been committed in such state and that the accused has been charged in such state with the commission of the crime and except in cases arising under section 832-6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation, or parole and is believed to be in this State, the judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this State, and to bring him before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Haw. Rev. Stat. § 804-2 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-2
Unclaimed bail money.
Status: in_force

All money deposited by way of bail or bond, in any proceeding before any court, that has not been declared forfeited, and not claimed within two years after the final disposition of the cause of action in which the money was deposited, shall be presumed abandoned under chapter 523A.
Haw. Rev. Stat. § 804-10.5 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-10.5
Sureties; qualification.
Status: in_force

(a) In determining the sufficiency of a surety or sureties, the court shall consider the surety's or sureties':

(1) Character;

(2) Reliability;

(3) Place of residence; and

(4) Financial and employment circumstances.

(b) No person shall be sufficient surety who:

(1) Has been convicted of perjury for submitting a false statement under section 804-11.5;

(2) Does not satisfy the requirements of section 804-11.5; or

(3) Does not satisfy the requirements of article 9A, chapter 431, if posting an insurance bond as defined in section 431:1-210(1). [L 1987, c 139, §9(2); am L 1993, c 181, §2; am L 2006, c 154, §46]
Haw. Rev. Stat. § 846-2 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-2
Establishment of the Hawaii criminal justice data center.
Status: in_force

There shall be a data center, to be known as the "Hawaii criminal justice data center", established in the department of the attorney general. The data center shall be directed and managed by an administrator appointed by the attorney general subject to chapter 76.
Haw. Rev. Stat. § 841-13 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-13
Disposition of personal effects.
Status: in_force

The clothing and personal property found on any human body appearing to have come to death under any of the circumstances set forth in section 841-3 may be recovered and held as evidence by any police officer, pending the investigation of the facts and the final disposition of any trial which may arise out of the death.
Haw. Rev. Stat. § 806-22 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-22
Joinder of charges against defendant.
Status: in_force

When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments, informations, or complaints, the whole may be joined in separate counts in one indictment, information, or complaint. If two or more indictments, informations, or complaints are found or entered in such cases, the court or district judge may order them to be consolidated.
Haw. Rev. Stat. § 844D-126 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-126
Retention of biological evidence.
Status: in_force

(a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or prosecution of a case in which there has been a judgment of conviction and that may contain biological evidence that could be used for DNA analysis shall be retained at least until the later occurring of either:

(1) The exhaustion of all appeals of the case to which the evidence is related; or

(2) The completion of any sentence, including any term of probation or parole, imposed on the defendant in the case to which the evidence relates.

(b) The attorney general shall establish procedures and protocols, which shall be uniform throughout the State, for the collection and preservation of evidence retained pursuant to this section. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 853-3 — HI Code / Division 5 / Title 38 / Chapter 853 / Section 853-3
Violation of terms and conditions during deferment; result.
Status: in_force

Upon violation of a term or condition set by the court for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea, the court may enter an adjudication of guilt and proceed as otherwise provided.
Haw. Rev. Stat. § 832-22 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-22
Fugitives from this State; duty of governor.
Status: in_force

Whenever the governor of this State demands a person charged with crime or with escaping from confinement or breaking the terms of the person's bail, probation, or parole in this State, from the executive authority of any state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive the demand under the laws of the United States, the governor shall issue a warrant under the great seal of this State, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this State in which the offense was committed.
Haw. Rev. Stat. § 846E-7 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-7
Notification by the attorney general of changes in registration information.
Status: in_force

Immediately, and in no event, not later than ten days after receiving notice of a change of registration information, the attorney general shall report the change of registration information by a covered offender required to register under this chapter to the county police department where the covered offender is residing and, in the event the covered offender changes address to another county or state, shall report such change of address to the Federal Bureau of Investigation. If the person changes residence to another state, the attorney general also shall notify the law enforcement agency with which the person must register in the new state, if the new state has a registration requirement.
Haw. Rev. Stat. § 844D-122 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-122
Proceedings.
Status: in_force

The court shall order the prosecuting attorney to answer a motion filed pursuant to section 844D-121 not later than thirty days after filing of the motion. The court may thereafter deny the motion without hearing if the motion is patently frivolous because it is without a trace of support either in the record or in any materials submitted with the motion. The court shall conduct a hearing on the motion within ninety days of its filing if the allegations in the motion, taken as true, establish grounds for relief under section 844D-123. If the court sets the motion for hearing, the court shall order that all evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that could be subjected to DNA analysis be preserved during the pendency of the proceeding. The intentional destruction of evidence after entry of the order shall constitute grounds for appropriate sanctions, including contempt of court under section 710-1077.
Haw. Rev. Stat. § 806-62 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-62
Trial; order of proof and argument.
Status: in_force

The prosecuting attorney shall open the case, and first introduce his witnesses and proofs, and after the evidence for the defense has been presented, and the accused or his counsel has summed up and closed his case, the prosecuting attorney may conclude the argument, and in his conclusion shall confine himself to answering any new matter or arguments presented by the defendant or his attorney.
Haw. Rev. Stat. § 846-10 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-10
Dissemination.
Status: in_force

Criminal history record information may be disseminated to:

(1) The governor in individual cases or situations wherein the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to insure that the laws be faithfully executed;

(2) The attorney general in connection with the attorney general's statutory authority and duties in the administration and enforcement of the criminal laws and for the purpose of administering and insuring compliance with the provisions of this chapter;

(3) To such other individuals and agencies who are provided for in this chapter or by rule or regulation. [L 1979, c 129, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 833-1 — HI Code / Division 5 / Title 38 / Chapter 833 / Section 833-1
Arrest of accused person illegally in State.
Status: in_force

(a) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of the person's release, and is present in this State, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a penal summons or of a warrant for the arrest of the person and an order authorizing the person's return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a district judge of this State the following documents:

(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against the person;

(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and

(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.

(b) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of the person's release, the district judge shall issue a penal summons or a warrant to a law enforcement officer of this State for the person's arrest.

(c) The district judge shall notify the prosecuting attorney of the district judge's action and shall direct the prosecuting attorney to investigate the case to ascertain the validity of the affidavits and documents required by subsection (a) and the identity and authority of the affiant. [L 1971, c 115, §1; HRS §713C-1; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 846F-1 — HI Code / Division 5 / Title 38 / Chapter 846F / Section 846F-1
Short title.
Status: in_force

This chapter shall be known as and may be cited as "Alicia's Law".