reglab/housing_qa huggingface dataset:
HI Rev Stat § 801D-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-1 Legislative intent.

  §801D-1 Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crimes to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this State, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crimes are treated with dignity, respect, courtesy, and sensitivity and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants. [L 1988, c 261, pt of §1]
HI Rev Stat § 801D-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-2 Definitions.

  §801D-2 Definitions. In this chapter:  "Crime" means an act or omission committed by an adult or juvenile that would constitute an offense against the person under the Penal Code of this State.  "Homicide victim" means a person whose death was caused by another person under part II of chapter 707.  "Major developments" means arrest or release of the suspect by the police, case deferral by the police, referral to the prosecutor by the police, rejection of the case by the prosecutor, preliminary hearing date, grand jury date, trial and sentencing dates, and the disposition of the case.  "Surviving immediate family members" means surviving grandparents, parents, siblings, spouse, reciprocal beneficiary, children, and any legal guardian of the homicide victim.  "Victim" means a person against whom a crime has been committed by either an adult or a juvenile.  "Witness" means a person whose testimony or knowledge is desired in any proceeding or investigation by a grand jury or in a criminal investigation, action, prosecution, or proceeding. [L 1988, c 261, pt of §1; am L 1997, c 383, §71]
HI Rev Stat § 801D-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-3 Eligibility of victims.

  §801D-3 Eligibility of victims. A victim has the rights afforded by this chapter and is eligible for the services under this chapter only if the victim reported the crime to police within three months of its occurrence or discovery, unless the victim had justification to do otherwise. [L 1988, c 261, pt of §1; gen ch 1992]
HI Rev Stat § 801D-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-5 Responsibility for rights and services.

  §801D-5 Responsibility for rights and services. (a) Each county is responsible for the enforcement of rights under section 801D-4. The courts shall fashion all decisions and orders to enhance the recognition of these rights and the provision of these services, to the extent 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]
HI Rev Stat § 801D-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-6 Intergovernmental cooperation.

  §801D-6 Intergovernmental cooperation. The county prosecutor, the police, local social service agencies, the courts, and all other agencies involved in the criminal justice system shall all cooperate with each other to ensure that victims and witnesses of crime receive the rights and services to which they are entitled under this chapter. [L 1988, c 261, pt of §1]
HI Rev Stat § 801D-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|801D. Rights of Victims and Witnesses in Criminal Proceedings|801D-7 Televised testimony.

  §801D-7 Televised testimony. Victims and witnesses shall have the right to testify at trial by televised two-way closed circuit video to be viewed by the court, the accused, and the trier of fact. [L 1997, c 320, §2]
HI Rev Stat § 802-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-1 Right to representation by public defender or other appointed counsel.

  §802-1 Right to representation by public defender or other appointed counsel. (a) Any indigent person who is:  (1) Arrested for, charged with, or convicted of an offense or offenses punishable by confinement in jail or prison or for which the person may be or is subject to the provisions of chapter 571;  (2) Threatened by confinement, against the indigent person's will, in any psychiatric or other mental institution or facility;  (3) The subject of a petition for assisted community treatment under chapter 334; or  (4) The subject of a petition for involuntary medical treatment under chapter 353, shall be entitled to be represented by a public defender. If, however, conflicting interests exist, or if the public defender for any other reason is unable to act, or if the interests of justice require, the court may appoint other counsel.  (b) The appearance of the public defender in all judicial proceedings shall be subject to court approval.  (c) The appearance of a public defender in all hearings before the Hawaii paroling authority or other administrative body or agency shall be subject to the approval of the chairperson of the Hawaii paroling authority or the administrative head of the body or agency involved. [L 1971, c 185, pt of §1; HRS §705C-1; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(a); am L 1973, c 76, §1; am L 1976, c 92, §8; am L 1984, c 251, §2; gen ch 1985, 1993; am L 2011, c 72, §3; am L 2015, c 231, §5; am L 2021, c 58, §9] Revision Note  In the first paragraph, (1) to (4) reformatted as paragraphs (1) to (4) and "or" deleted in paragraphs (1) and (2) pursuant to §23G-15. Case Notes  Failure of appointed counsel to give timely notice of appeal did not foreclose defendant's right to appeal. 57 H. 268, 554 P.2d 236 (1976).  Defendant waived right to counsel by not reporting to public defender during five weeks between arraignment and trial. 62 H. 298, 614 P.2d 397 (1980).  Indigent defendant charged with offense punishable by term of imprisonment entitled at trial to be assisted by appointed counsel. 80 H. 246 (App.), 909 P.2d 574 (1995).  Defendant did not waive right to court-appointed counsel where defendant requested substitute court-appointed counsel and was not afforded reasonable opportunity to show good cause for a substitute court-appointed counsel. 80 H. 262 (App.), 909 P.2d 590 (1995).
HI Rev Stat § 802-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-2 Notification of right to representation.

  §802-2 Notification of right to representation. In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the person is financially unable to obtain counsel, the court may appoint one at the cost to the State. [L 1971, c 185, pt of §1; HRS §705C-2; ren L 1972, c 9, pt of 1; gen ch 1985] Case Notes  Failure to advise indigent pro se defendant of right to counsel and to have one appointed at cost to State reversible error. 80 H. 246 (App.), 909 P.2d 574 (1995).  No waiver by indigent defendant of right to counsel where trial court failed to conduct the necessary inquiry with defendant to ensure that defendant had knowingly and intelligently waived right to be represented by counsel at trial and to have one appointed if indigent. 80 H. 246 (App.), 909 P.2d 574 (1995).
HI Rev Stat § 802-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-3 Request for appointment of counsel.

  §802-3 Request for appointment of counsel. Any person entitled to representation by a public defender or other appointed counsel may at any reasonable time request any judge to appoint counsel to represent the person. [L 1971, c 185, pt of §1; HRS §705C-3; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(b); gen ch 1985]
HI Rev Stat § 802-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-4 Determination of indigency.

  §802-4 Determination of indigency. Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency. [L 1971, c 185, pt of §1; HRS §705C-4; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(c); gen ch 1985] Case Notes  Factors to be considered in determination of indigency. 56 H. 23, 525 P.2d 1108 (1974).
HI Rev Stat § 802-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-6 Subsequent ability to pay counsel.

  §802-6 Subsequent ability to pay counsel. If at any time after counsel is appointed, the court having jurisdiction in the matter is satisfied that the defendant is financially able to obtain counsel or to make partial payment for the representation, the court may terminate the appointment of counsel, unless the person so represented is willing to pay therefor. If appointed counsel continues the representation, the court shall direct payment for such representation as the interests of justice may dictate. Any payments directed by the court shall be general fund realizations.  If at any time after the counsel's appointment counsel should have reason to believe that a defendant is financially able to obtain counsel or to make partial payment for counsel, it shall be the counsel's duty to so advise the court so that appropriate action may be taken. [L 1971, c 185, pt of §1; HRS §705C-6; ren L 1972, c 9, §1; gen ch 1985]
HI Rev Stat § 802-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-7 Litigation expenses.

  §802-7 Litigation expenses. The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court. In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be. [L 1971, c 185, pt of §1; HRS §705C-7; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(d); am L 1976, c 131, §3; am L 1979, c 174, §1] Case Notes  Defendant requesting services on basis of indigency is entitled to hearing. 61 H. 203, 600 P.2d 1383 (1979).  Where defendant is unable to pay for necessary defense services, defendant may be eligible for court payment even though represented by private counsel. 61 H. 203, 600 P.2d 1383 (1979).  Although the language of this section suggests that the court has discretion to direct that transcript expenses are paid, the balance of the pertinent statutory language indicates that once a satisfactory showing of need for the transcripts and inability to pay has been made, the court should direct that such expenses be paid, unless alternative means for timely obtaining the transcripts are available. This is evident as this section mandates that the public defender's office is required to furnish the relevant transcripts upon making the same findings as the court. 131 H. 333, 319 P.3d 252 (2013).
HI Rev Stat § 802-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-8 Office of the state public defender.

  §802-8 Office of the state public defender. An office of state public defender is hereby created within the department of budget and finance for administrative purposes. [L 1971, c 185, pt of §1; HRS §705C-8; ren L 1972, c 9, pt of §1; am L 1980, c 302, pt of §2]
HI Rev Stat § 802-9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-9 Defender council.

  §802-9 Defender council. The governor shall appoint a defender council consisting of five members, who shall serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by its members. Each member shall serve without pay and shall be reimbursed for necessary expenses incurred while attending meetings and while in the discharge of the member's responsibilities. The council shall be the governing body of the office of the state public defender. [L 1971, c 185, pt of §1; HRS §705C-9; ren L 1972, c 9, pt of §1; gen ch 1985, 1993]
HI Rev Stat § 802-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-10 REPEALED.

  §802-10 REPEALED. L 1987, c 283, §66.
HI Rev Stat § 802-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-11 Appointment of state public defender.

  §802-11 Appointment of state public defender. The state public defender shall be appointed by the defender council without regard to chapters 76 and 89. The state public defender's appointment shall be for a term of four years except as otherwise provided herein, and until the state public defender's successor is appointed and qualified. The state public defender shall be qualified to practice law before the supreme court of this State. Effective July 1, 2005, the state public defender shall be paid a salary set at eighty-seven per cent of the attorney general. The state public defender shall devote full time to the performance of the state public defender's duties and shall not engage in the general practice of law. [L 1971, c 185, pt of §1; HRS §705C-11; ren L 1972, c 9, pt of §1; am L 1975, c 58, §22; am L 1982, c 129, §19; gen ch 1985; am L 1986, c 128, §18; am L 1987, c 226, §1; am L 1989, c 329, §15; am L 2002, c 148, §46; am L 2005, c 226, §14]
HI Rev Stat § 802-12 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802. Counsel and Other Services for Indigent Criminal Defendants|802-12 Organization of office; assistance.

  §802-12 Organization of office; assistance. Subject to the approval of the defender council, the state public defender may employ assistant state public defenders and other employees, including investigators, as may be necessary to discharge the function of the office. Assistant state1 public defenders shall be qualified to practice before the supreme court of this State. Assistant state public defenders shall be appointed without regard to chapter 76 and shall serve at the pleasure of the state public defender. All other employees may be appointed in accordance with chapter 76. An assistant state public defender may be employed on a part-time basis, and when so employed, the assistant public defender may engage in the general practice of law, other than in the practice of criminal law. [L 1971, c 185, pt of §1; HRS §705C-12; ren L 1972, c 9, pt of §1 and am L 1972, c 44, §1(e); gen ch 1985; am L 2000, c 253, §150; am L 2006, c 300, §16]
HI Rev Stat § 802E-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802E. Court Advisement of Aliens Entering Guilty Plea|802E-1 Legislative findings and intent.

  §802E-1 Legislative findings and intent. The legislature finds that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of deportation, exclusion from admission to the United States, or denial of naturalization as a result of conviction. It is further the intent of the legislature that at the time of the plea no defendant shall be required to disclose the defendant's legal status to the court. [L 1988, c 382, pt of §1]
HI Rev Stat § 802E-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802E. Court Advisement of Aliens Entering Guilty Plea|802E-2 Court advisement concerning alien status required prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts.

  §802E-2 Court advisement concerning alien status required prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts. Prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant:  If you are not a citizen of the United States, whether or not you have lawful immigration status, you have the right to receive advice from your attorney about the specific impact that this case will have, if any, on your immigration status. The entry of a guilty or nolo contendere plea, admission of guilt or sufficient facts, or conviction, deferred judgment, or deferred sentence may have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. In some cases, detention and deportation from the United States will be required. Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a guilty or nolo contendere [plea], or admission of guilt or sufficient facts to any offense punishable as a crime under state law, other than those offenses designated as infractions. You are not required to disclose your immigration or citizenship status to the court.  Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section. [L 1988, c 382, pt of §1; am L 2013; c 279, §2] Case Notes  Where trial court failed to recite on the record the advisement concerning alien status to defendant as required by the plain language of this section, and the standard set forth in §802E-3 mandates that the trial court either advise the defendant as required by this section or "vacate the judgment and permit the defendant to withdraw the plea of nolo contendere and enter a plea of not guilty", judgment vacated and defendant permitted to withdraw nolo contendere plea and enter a plea of not guilty. 108 H. 162, 118 P.3d 645 (2005).
HI Rev Stat § 802E-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|802E. Court Advisement of Aliens Entering Guilty Plea|802E-3 Failure to advise; vacation of judgment.

  §802E-3 Failure to advise; vacation of judgment. If the court fails to advise the defendant as required by sections 802E-2 and 802E-4 and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the 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. [L 1988, c 382, pt of §1; am L 2013, c 279, §3] Case Notes  Where trial court failed to recite on the record the advisement concerning alien status to defendant as required by the plain language of §802E-2, and the standard set forth in this section mandates that the trial court either advise the defendant as required by §802E-2 or "vacate the judgment and permit the defendant to withdraw the plea of nolo contendere and enter a plea of not guilty", judgment vacated and defendant permitted to withdraw nolo contendere plea and enter a plea of not guilty. 108 H. 162, 118 P.3d 645 (2005).