reglab/housing_qa huggingface dataset:
HI Rev Stat § 804-31 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-31 Offense against complainant, arrest.

  §804-31 Offense against complainant, arrest. (a) A complaint may be made to any district judge that a person has threatened to commit an offense against the person or property of another.  (b) When a complaint is made pursuant to subsection (a) the judge shall examine the complainant and any witnesses the complainant may produce, take their depositions under oath or affirmations in writing, cause the depositions to be subscribed by the persons making them, and reduce the complaint to writing. (c) If it appears from the depositions that there is just cause to fear the commission of the offense threatened by the person complained of, the judge shall issue a warrant or penal summons reciting the substance of the complaint and commanding that person to be arrested and brought before the judge or summoned to appear before the judge. [PC 1869, c 47, §1; RL 1925, §3996; RL 1935, §5450; RL 1945, §10750; RL 1955, §256-30; HRS §709-31; am L 1970, c 188, §39; am L 1971, c 73, §2; ren L 1972, c 9, pt of §1; gen ch 1985] Case Notes  See 33 H. 109 (1934).
HI Rev Stat § 804-32 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-32 Bond pending trial and upon appeal.

  §804-32 Bond pending trial and upon appeal. When anyone arrested under section 804-31 is brought before the district judge, and a continuance of the trial upon the charge is granted, the district judge shall direct the accused to give a combined appearance and temporary peace bond in a sum proportioned to the nature of the offense, with sufficient surety that the accused will commit no offense against the person or property of the complainant during the period of time the trial is continued, and the peace bond shall remain in effect upon appeal by the accused after a finding of guilt at the trial or during any appeal after a finding of guilt. [L 1919, c 7, §1; RL 1925, §3997; RL 1935, §5451; RL 1945, §10751; am L 1953, c 128, §1; RL 1955, §256-31; HRS §709-32; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985] Case Notes  Sureties. 30 H. 658 (1928).
HI Rev Stat § 804-33 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-33 Trial; bond protecting complainant.

  §804-33 Trial; bond protecting complainant. (a) The judge before whom any person is brought under section 804-31 shall examine the complainant and witnesses in support of the complainant, under oath or affirmation, in the presence of the person complained of, in relation to any matters connected with the complaint which are deemed pertinent, after which witnesses in support of the person complained of shall be examined under oath or affirmation. The person complained of may cross-examine the complainant and witnesses in support of the complainant and may be assisted by counsel at the examination proceedings.  (b) If upon examination it appears that there is just cause to fear the commission of the offense by the person complained of, the person may be ordered not to commit the offense or may be required to give bond in a sum proportioned to the nature of the offense, with sufficient surety that the person will commit no offense against the person or property of the complainant. If it appears that there is no just cause to fear the commission of the offense, then the person complained of shall be discharged and any record of the person's arrest shall be expunged. [PC 1869, c 47, §2; RL 1925, §3998; RL 1935, §5452; RL 1945, §10752; RL 1955, §256-32; HRS §709-33; am L 1970, c 188, §39; am L 1971, c 73, §3; ren L 1972, c 9, pt of §1; gen ch 1985] Case Notes  See 33 H. 109 (1934).
HI Rev Stat § 804-34 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-34 Bond not executed.

  §804-34 Bond not executed. If the bond is not executed according to the order of the district judge, the prisoner shall be committed to prison and shall remain in custody until the bond is so executed, such custody not to exceed the term for which the bond shall operate. The district judge may, for good cause shown, release the prisoner from custody at any time prior to the expiration of the term. [PC 1869, c 47, §3; am L 1911, c 33, §1; RL 1925, §3999; RL 1935, §5453; am L 1937, c 17, §1; RL 1945, §10753; RL 1955, §256-33; HRS §709-34; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1] Case Notes  See 33 H. 109 (1934).
HI Rev Stat § 804-35 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-35 Bond protecting others.

  §804-35 Bond protecting others. If, from the nature of the evidence offered or from the demeanor of the prisoner, the district judge has reason to believe that the prisoner intends an offense against the person or property of any person who cannot be designated, the district judge may order the bond to be conditioned that the prisoner will commit no offense against the person or property of anyone. [PC 1869, c 47, §4; RL 1925, §4000; RL 1935, §5454; RL 1945, §10754; RL 1955, §256-34; HRS §709-35; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-36 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-36 Term and renewal of bond.

  §804-36 Term and renewal of bond. The bond shall be limited in its operation to a term not exceeding one year, the same to be fixed by the district judge, and at any time within thirty days of the expiration of the term, the complainant may renew the complainant's application, and the order for security may be renewed on the oath of the complainant, declaring that the complainant still fears the execution of the prisoner's former designs, provided the district judge, after hearing the circumstances of the case, shall deem such fear well-founded. [PC 1869, c 47, §5; RL 1925, §4001; RL 1935, §5455; am L 1937, c 17, §2; RL 1945, §10755; RL 1955, §256-35; HRS §709-36; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-37 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-37 Offense in presence of district judge.

  §804-37 Offense in presence of district judge. Any district judge who is present when any offense accompanied with violence is committed, may, without any other proof, order the offender to be arrested, and compel the offender to give security in the manner above directed, to refrain from the exercise of any illegal force. [PC 1869, c 47, §6; RL 1925, §4002; RL 1935, §5456; RL 1945, §10756; RL 1955, §256-36; HRS §709-37; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-38 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-38 Offense against other than complainant; arrest.

  §804-38 Offense against other than complainant; arrest. Any person who knows or has reason to suspect that any offense against the person or property of another is intended to be committed, may apply to a district judge, who shall hear the proof, and if the district judge is convinced of the existence of the intention, shall cause the person accused to be arrested, and compelled to give security in the manner above directed. [PC 1869, c 47, §7; RL 1925, §4003; RL 1935, §5457; RL 1945, §10757; RL 1955, §256-37; HRS §709-38; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-39 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-39 Bond in addition to conviction.

  §804-39 Bond in addition to conviction. When upon the conviction of a person for an offense, it appears from the character of the offender or the offender's conduct in committing the offense, that there is good reason to apprehend a repetition of that offense, or the commission of some other, the court or district judge may add to their sentence that after the execution of the punishment is complete, and before the offender, if in custody, is discharged, the offender shall give security in the form and for the time above directed, either that the offender will not commit any particular offense or any designated species of offenses, or generally, that the offender will commit no offense for the time limited. [PC 1869, c 47, §8; RL 1925, §4004; RL 1935, §5458; RL 1945, §10758; RL 1955, §256-38; HRS §709-39; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-40 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-40 Suit on bond.

  §804-40 Suit on bond. If the condition of any bond given under this part is forfeited, it shall be put in suit by the public prosecutor, who shall specify in the public prosecutor's petition in the action the offense which has caused the breach of the condition of the bond. [PC 1869, c 47, §9; RL 1925, §4005; RL 1935, §5459; RL 1945, §10759; RL 1955, §256-39; HRS §709-40; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-41 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-41 Discharge of surety.

 §804-41 Discharge of surety. 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] Case Notes  Where principal was surrendered, surety entitled to return of bond whether principal was actually surrendered by surety or police. 81 H. 324, 916 P.2d 1225 (1996).
HI Rev Stat § 804-61 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-61 REPEALED.

 §804-61 REPEALED. L 1993, c 181, §4.
HI Rev Stat § 804-62 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-62 Limit of compensation; penalty.

  §804-62 Limit of compensation; penalty. (a) The amount of compensation which may be collected on any bail bond or bond to keep the peace by one or more persons acting as sureties thereon shall not exceed a one time only fee from five to fifteen per cent of the amount thereof, but need not be less than $50 in any event; provided that additional fees, subject to subsection (b), may be collected for:  (1) The posting of a surety insurance bond as defined in section 431:1-210(1);  (2) The posting of a bond on behalf of a person whose case is pending appeal; or  (3) The posting of a bond in which more than one year has passed since the filing thereof.  (b) The compensation collected pursuant to sections 804-62(a)(2) and (a)(3), in any year after the first year, may be collected annually, and:  (1) Shall be charged on a prorated basis; and  (2) Shall not exceed the percentage charged in the first year.  (c) Every person holding a license to act as surety on any bail bond or bond to keep the peace who violates this section shall be fined not more than $250 and shall forfeit the license and shall not be entitled to receive a similar license for a period of one year thereafter. [L 1990, c 164, pt of §3; am L 1993, c 181, §3]
HI Rev Stat § 805-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-1 Complaint; form of warrant.

  §805-1 Complaint; form of warrant. When a complaint is made to any prosecuting officer of the commission of any offense, the prosecuting officer shall examine the complainant, shall reduce the substance of the complaint to writing, and shall cause the complaint to be subscribed by the complainant under oath, which the prosecuting officer is hereby authorized to administer, or the complaint shall be made by declaration in accordance with the rules of court. 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] Rules of Court  Application for arrest warrant, see HRPP rule 3.  Obtaining the appearance of defendant, see HRPP rule 9. Case Notes  See 49 H. 404, 420 P.2d 100 (1966).
HI Rev Stat § 805-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-2 Copy of complaint.

  §805-2 Copy of complaint. In executing the warrant of arrest as provided in section 805-1, the arresting officer shall hand to the accused a copy of the complaint after showing the accused the original. [L 1949, c 43, §1; RL 1955, §257-2; HRS §710-2; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  Arrest, how made, see §803-6.  Arrest under warrant, see §604-13. Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9. Case Notes  As to sufficiency of oral or written complaint lacking. 41 H. 348 (1956).
HI Rev Stat § 805-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-3 Summons in what cases.

  §805-3 Summons in what cases. Where, from the complaint, it appears to the district judge that the offense charged therein is not of a serious nature, or not one for which a severe penalty should be imposed, and where the person complained against is so situated as to raise no presumption of the person's attempting to elude justice in the premises, the district judge may, in the district judge's discretion (unless the complainant in writing requests the immediate arrest of the alleged offender), issue the district judge's summons, wherein shall be recited the substance of the complaint, commanding the alleged offender to appear before the district judge upon a time to be therein stated, not less than twenty-four hours from the time of service of summons, and then and there to answer the charge. The summons shall contain a warning to the person summoned that failure to obey the same will render the person liable to attachment for contempt. [L 1892, c 57, §19; RL 1925, §4008; RL 1935, §5471; RL 1945, §10771; RL 1955, §257-3; HRS §710-3; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985] Cross References  Procedure against corporations, see §805-9. Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9.
HI Rev Stat § 805-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-4 Service of summons.

  §805-4 Service of summons. The summons shall be served by handing the accused a copy thereof, and showing the accused the original; or, if the accused cannot be found, by leaving the copy, during business hours, at the accused's usual place of business or employment, or by leaving the copy at the accused's place of residence, at any reasonable hour, in charge of some person of discretion. If the alleged offender fails to appear at the prescribed time and place, after having been so summoned, the alleged offender may be attached for contempt, and dealt with accordingly. [L 1892, c 57, §20; RL 1925, §4009; RL 1935, §5472; RL 1945, §10772; RL 1955, §257-4; HRS §710-4; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9. Law Journals and Reviews  Section authorizes magistrate to issue bench warrant on charge of contempt where man has failed to respond to a penal summons. Haw. Supp., 3 HBJ, no. 3, at 22 (1965).
HI Rev Stat § 805-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-5 Warrant after summons issued.

  §805-5 Warrant after summons issued. The district judge may, for any cause which appears to the district judge to be sufficient, at any time after the issue of the summons, and by virtue of the complaint therein contained and recited, issue the district judge's warrant for the immediate arrest, upon the charge, of the person so summoned. [L 1892, c 57, §21; RL 1925, §4010; RL 1935, §5473; RL 1945, §10773; RL 1955, §257-5; HRS §710-5; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Obtaining the appearance of defendant, see HRPP rule 9. Case Notes  Spelling of foreign names, reference in warrant to complaint for names of persons to be arrested. 9 H. 641 (1895).
HI Rev Stat § 805-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-6 Arraignment.

  §805-6 Arraignment. Upon arraignment, the written complaint upon which the warrant of arrest or summons has been issued shall be construed, except upon motion of the accused or prosecuting officer, to be the charge, and the reading thereof shall be deemed waived. Unless a demurrer, motions, or other pleadings are interposed, the accused may be required to plead the accused's innocence or guilt immediately, if the accused appears to understand the charge against the accused. [L 1949, c 43, §2; RL 1955, §257-6; HRS §710-6; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Proceedings following arrest, see HRPP rule 5. Case Notes  Defendant has right to appeal to circuit court in mitigation of sentence notwithstanding plea of guilty. 9 H. 428 (1894).  No issue raised in circuit court on appeal from district court after plea of guilty. Plea of guilty in district court cannot be stricken on appeal to circuit court. Appeal from district court after plea of guilty is an appeal in mitigation. 10 H. 469 (1896).  Objections to sufficiency of charge should be made before pleading. 11 H. 435 (1898).  Written charge validly served and entered on record constitutes sufficient accusation. 41 H. 348 (1956).  Modified by Hawaii Rules of Criminal Procedure. 49 H. 404, 405, note 1, 420 P.2d 100 (1966).  Requirements of acceptance of guilty plea. 59 H. 592, 585 P.2d 1259 (1978).
HI Rev Stat § 805-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-7 Commitment; form of mittimus.

  §805-7 Commitment; form of mittimus. 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. [L 1892, c 57, §22; am L 1903, c 32, §5; am L 1921, c 159, §2; RL 1925, §4011; RL 1935, §5474; RL 1945, §10774; RL 1955, §257-7; am L 1959, c 107, §1; HRS §710-7; am L 1970, c 188, §37; ren L 1972, c 9, pt of §1; gen ch 1993; am L 1998, c 36, §4] Cross References  See Const. art. I, §10. Rules of Court  Proceedings following arrest, see HRPP rule 5. Case Notes  Mittimus is a process and not part of record. 6 H. 343 (1882).  Legal requirements of a mittimus. 7 H. 95 (1887); 7 H. 162.  Proceeding in district court where party is charged with offense cognizable before a jury is not strictly a "trial". There is no appeal from decision in a preliminary hearing. 9 H. 178 (1893).  Decision of magistrate to commit accused for trial not subject to review. 10 H. 83 (1895); 45 H. 109, 363 P.2d 790 (1961).  Commitments should not designate date of term. 11 H. 293, 298 (1898), explained 46 H. 197, 210, 377 P.2d 609 (1962).  Sufficient if testimony be reduced to writing under supervision and direction of magistrate. 12 H. 189, 195 (1899).  Denial of preliminary hearing does not affect power of grand jury to find indictment. 45 H. 604, 372 P.2d 356 (1962).  Defendant has no right to have preliminary examination preserved inviolate and not to have it rendered nugatory by return of indictment. 53 H. 364, 493 P.2d 1342 (1972).  Right to preliminary hearing may be cut off by return of indictment; procedure not unconstitutional under the equal protection clause. 53 H. 395, 495 P.2d 26 (1972).  Admissibility of transcripts of witness' testimony at preliminary hearing. 54 H. 637, 513 P.2d 697 (1973).  Exclusion of unconstitutionally obtained evidence. 55 H. 314, 519 P.2d 228 (1974).  Preliminary hearing, justification for closure. 59 H. 224, 580 P.2d 49 (1978).  Cited: 17 H. 428 (1906).
HI Rev Stat § 805-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|805. Criminal Procedure: District Courts|805-8 Notice to county attorney or prosecuting attorney.

 §805-8 Notice to county attorney or prosecuting attorney. 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. [L 1921, c 159, §1; RL 1925, §4012; am L 1932 2d, c 13, §1; RL 1935, §5475; RL 1945, §10775; RL 1955, §257-8; HRS §710-8; am L 1970, c 188, §38; ren L 1972, c 9, pt of §1; am L 2004, c 202, §79; am L 2006, c 94, §1; am L 2010, c 109, §1]