reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-4 Material witness order; arraignment.

§835-4 Material witness order; arraignment.
(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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-5 Material witness order; hearing, determination and execution of order.

§835-5 Material witness order; hearing, determination and execution of order.
(a) The hearing upon the application must be conducted as follows:
(1) The applicant has the burden of proving by a preponderance of the evidence all facts essential to support a material witness order, and any testimony so adduced shall be given under oath;
(2) The prospective witness shall testify under oath;
(3) The prospective witness may call witnesses in his behalf, and the court must cause process to be issued for any such witness whom he reasonably wished to call, and any testimony so adduced shall be given under oath;
(4) Upon the hearing, evidence tending to demonstrate that the prospective witness does or does not possess information material to the criminal action in issue, or that he will or will not be amenable or respond to a subpoena at the time his attendance will be sought, is admissible even though it consists of hearsay.
(b) If the court is satisfied after such hearing that there is reasonable cause to believe that the prospective witness[:]
(1) Possesses information material to the pending action or proceeding[;] and
(2) Will not be amenable or respond to a subpoena at a time when his attendance will be sought[;]
it may issue a material witness order, adjudging him a material witness and fixing bail to secure his future attendance.
(c) A material witness order must be executed as follows:
(1) If the bail is posted and approved by the court, the witness must be released and be permitted to remain at liberty; provided that where the bail is posted by a person other than the witness himself, he may not be so released except upon his signed written consent thereto;
(2) If the bail is not posted, or if though posted it is not approved by the court, the witness must be committed to the custody of the chief of police. [L 1971, c 214, pt of §1; HRS §718-5; ren L 1972, c 9, pt of §1]
Revision Note
In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-6 Material witness order; vacation, modification and amendment thereof.

§835-6 Material witness order; vacation, modification and amendment thereof.
(a) At any time after a material witness order has been issued the court must, upon application of such witness, with notice to the party upon whose application the order was issued, and with opportunity to be heard, make inquiry whether by reason of new or changed facts or circumstances the material witness order is no longer necessary or warranted, or, if it is, whether the original bail currently appears excessive. Upon making any such determination, the court must vacate the order. If its determination is that the order is no longer necessary or warranted, it must, as the situation requires, either discharge the witness from custody or exonerate the bail. If its determination is that the bail is excessive, it must issue a new order fixing bail in a lesser amount or on less burdensome terms.
(b) At any time when a witness is at liberty upon bail pursuant to a material witness order, the court may, upon application of the party upon whose application the order was issued, with notice to the witness if possible and to the witness' attorney if any and opportunity to be heard, make inquiry whether, by reason of new or changed facts or circumstances, the original bail is no longer sufficient to secure the future attendance of the witness at the pending action. Upon making such a determination, the court must vacate the order and issue a new order fixing bail in a greater amount or on terms more likely to secure the future attendance of the witness. [L 1971, c 214, pt of §1; HRS §718-6; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-7 Material witness order; compelling attendance of witness who fails to appear.

§835-7 Material witness order; compelling attendance of witness who fails to appear.
If a witness at liberty on bail pursuant to a material witness order cannot be found or notified at the time the witness' appearance as a witness is required, or if after notification the witness fails to appear in such action or proceeding as required, the court may issue a warrant, addressed to a police officer, directing such officer to take such witness into custody anywhere within the State and to bring the witness to the court forthwith. [L 1971, c 214, pt of §1; HRS §718-7; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-8 Material witness order; witness fee.

§835-8 Material witness order; witness fee.
A witness held in the custody of the chief of police as a result of a material witness order must be paid the sum of twenty dollars per day for each day of confinement in such custody. Such compensation is a county charge and is payable upon release of such material witness from custody or, in the discretion of the court, at any designated times or intervals during the confinement as the court may deem appropriate. [L 1971, c 214, pt of §1; HRS §718-8; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › 836-1 Definitions.

§836-1
Definitions.
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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › 836-3 Witness from another state summoned to testify in this State.

§836-3 Witness from another state summoned to testify in this State.
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence in this State, is a material witness in a prosecution pending in a court of record in this State, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to assure the witness' attendance in this State. This certificate shall be presented to a judge of a court of record in the judicial district in which the witness is found.
If the witness is summoned to attend and testify in this State the witness shall be tendered a sum equivalent to the cost of round-trip air fare to the place where the prosecution is pending and $60 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this State. [L 1971, c 116, §3; HRS §719-3; ren L 1972, c 9, pt of §1; am L 1980, c 307, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › 836-4 Exemption from arrest and service of process.

§836-4 Exemption from arrest and service of process.
If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons.
If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons. [L 1971, c 116, §4; HRS §719-4; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › 836-5 Uniformity of interpretation.

§836-5 Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. [L 1971, c 116, §5; HRS §719-5; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 836. Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › 836-6 Short title.

§836-6 Short title.
This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings". [L 1971, c 116, §6; HRS §719-6; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-1 Who are coroners.

§841-1 Who are coroners.
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. [L 1935, c 90, §1; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10901; RL 1955, §260-1; HRS §715-1; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-2 Appointment of deputies.

§841-2 Appointment of deputies.
The coroner may appoint as many deputy coroners as the coroner may deem necessary to aid the coroner in the discharge of the coroner's duties as coroner from amongst the subordinates in the coroner's department. [L 1935, c 90, §2; RL 1945, §10902; RL 1955, §260-2; HRS §715-2; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-3 Duties.

§841-3 Duties.
[(a)] As soon as any coroner or deputy coroner has notice of the death of any person within the coroner's or deputy coroner's jurisdiction as the result of violence, or as the result of any accident, or by suicide, or suddenly when in apparent health, or when unattended by a physician, or in prison, or in a suspicious or unusual manner, or within twenty-four hours after admission to a hospital or institution, the coroner or deputy coroner shall forthwith inquire into and make a complete investigation of the cause of the death.
[(b)] Any person who becomes aware of the death of any person under any of the circumstances set forth above shall immediately notify the coroner or deputy coroner of the known facts concerning the time, place, manner, and circumstances of the death.
[(c)] Any person who fails to report the death of a person under circumstances covered herein shall be subject to a fine of not more than $100. [L 1935, c 90, §3; RL 1945, §10903; am L 1949, c 355, §1; RL 1955, §260-3; HRS §715-3; ren L 1972, c 9, pt of §1; am L 1977, c 153, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-4 Testimony under oath reduced to writing.

§841-4 Testimony under oath reduced to writing.
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. [L 1935, c 90, §4; RL 1945, §10904; RL 1955, §260-4; HRS §715-4; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-5 Form of oath.

§841-5 Form of oath.
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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-6 Subpoenas; penalty for failure to comply.

§841-6 Subpoenas; penalty for failure to comply.
[(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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-7 Reports of investigation.

§841-7 Reports of investigation.
(a) The coroner or deputy coroner shall reduce the coroner's or deputy coroner's findings to writing in the following form:
STATE OF HAWAII
County (or City and County) of..........................
CORONER'S INQUEST
An inquisition taken at............... county (or city and county) of............... on the..... day of............... in the year 20..... before............... coroner of the county upon the body of............... there lying dead, resulted as follows:
That the deceased was named...............; and a native of...............; was aged about.....; that the deceased came to h..... death, on the..... day of............... 20....., from...............
IN WITNESS WHEREOF, the coroner has hereunto set the coroner's hand on this..... day of ............... 20...... .
(b) Upon receipt of a certificate of death from the person in charge of the disposition of the body, the coroner's physician shall thereupon state the name of the disease or condition directly leading to the death; other significant conditions contributing to the death; day on which death occurred; and such other information as may be required on the certificate of death by the director of health in order to classify the death. The local agent of the department of health shall be notified in writing of the reason for the delay, if the cause of death cannot be determined within three days. [L 1935, c 90, §7; RL 1945, §10907; RL 1955, §260-7; HRS §715-7; ren L 1972, c 9, pt of §1; am L 1973, c 17, §1; gen ch 1993]
Revision Note
The date "19....." in the form was changed to "20....." pursuant to §23G-16.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-8 Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body.

§841-8 Duty to forward copy of reports to any county or prosecuting attorney and to person in charge of disposition of body.
(a) Every coroner, or deputy coroner, shall, without delay, forward to the county attorney in the case of coroners for the counties of Maui and Kauai, and the prosecuting attorney in the case of coroners for the city and county of Honolulu and the county of Hawaii, a true and correct copy of the inquisition.
(b) The coroner's physician shall, in addition, make available without delay the death certificate of the person whose death was investigated to the person in charge of the disposition of the body so that the person in charge may file the death certificate with the local agent of the department of health as required by section 338-9. [L 1935, c 90, §8; RL 1945, §10908; RL 1955, §260-8; HRS §715-8; ren L 1972, c 9, pt of §1; am L 1973, c 17, §2; gen ch 1993]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-9 Fees.

§841-9 Fees.
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. [L 1947, c 164, §1; RL 1955, §260-9; HRS §715-9; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-10 Decent burial.

§841-10 Decent burial.
When any coroner or deputy coroner takes an inquest upon the dead body of a stranger or indigent person or, being called for that purpose, does not determine it necessary, on view of the body, that any inquest should be taken, the coroner or deputy coroner shall cause the body to be decently buried or undergo cremation as defined in section 531B-2. A burial-transit permit authorizing a burial or cremation shall be secured from the local agent of the department of health by the person in charge of the burial or cremation. [L 1935, c 90, §9; RL 1945, §10909; RL 1955, §260-10; HRS §715-10; ren L 1972, c 9, pt of §1; am L 1973, c 17, §3; gen ch 1985; am L 2000, c 101, §4; am L 2022, c 294, §13]
Case Notes
Duty of burial. 42 H. 500 (1958).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-11 Witness fees and mileage; expenses.

§841-11 Witness fees and mileage; expenses.
Every witness attending upon any coroner's inquest shall be paid $1 for each day's actual attendance, and traveling expenses at the rate of 10 cents a mile each way. The fees and mileage of witnesses and all reasonable expenses of the inquisition shall be paid by the county in which the inquest is held. [L 1935, c 90, §10; RL 1945, §10910; RL 1955, §260-11; HRS §715-11; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-12 Removal of corpse.

§841-12 Removal of corpse.
[(a)] No corpse or remains of any dead human body appearing to have come to death under any of the circumstances set forth in section 841-3, shall be moved or disturbed from its place of death or disposed of by any person including the coroner or the coroner's deputies, the chief of police, or any police officer, without first receiving the authority of the coroner or the coroner's deputy, and of the police officer in charge, and of the coroner's physician. The removal of the body or bodies shall be the duty of the coroner.
[(b)] Any person who violates the provisions of this section shall be subject to a fine of not more than $100. [L 1941, c 288, pt of §1; RL 1945, §10911; am L 1949, c 355, §2; RL 1955, §260-12; HRS §715-12; ren L 1972, c 9, pt of §1; am L 1977, c 141, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-13 Disposition of personal effects.

§841-13 Disposition of personal effects.
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. [L 1941, c 288, pt of §1; RL 1945, §10912; am L 1949, c 355, §3; RL 1955, §260-13; HRS §715-13; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-14 Autopsies and further investigations.

§841-14 Autopsies and further investigations.
[(a)] If, in the opinion of the coroner, or of the coroner's physician, or of the prosecuting attorney, or of the chief of police (in the city and county of Honolulu), an autopsy of the remains of any human body appearing to have come to death under any of the circumstances set forth in section 841-3 is necessary in the interest of the public safety or welfare, that person shall cause to have performed, such an autopsy. If, in the opinion of the coroner's physician, a further or additional investigation as to the cause of death is necessary, the coroner's physician may conduct the same or have the same made, and the expenses thereof shall be paid by the county concerned, and for this purpose, the coroner's physician shall have the duties and powers conferred upon the coroner or deputy coroner by sections 841-4 to 841-8.
[(b)] Any law to the contrary notwithstanding, the coroner's physician or medical examiner of any county (including the city and county of Honolulu) may cause to have performed an autopsy to determine cause of death upon the remains of any human body which is brought into or found within the State and which appears to have come to death under any of the circumstances set forth in section 841-3, even though such circumstances may have occurred without the State. The coroner's physician or medical examiner of any county (including the city and county of Honolulu) shall have the right to retain tissues, including fetal material, of the body removed at the time of autopsy to be used for necessary or advisable scientific investigation, including research, teaching, and therapeutic purposes. [L 1941, c 288, pt of §1; am L 1943, c 209, §1; RL 1945, §10913; am L 1949, c 355, §4; RL 1955, §260-14; am L 1963, c 84, §1; am L 1967, c 188, §2; HRS §715-14; ren L 1972, c 9, pt of §1; am L 1987, c 23, §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-14.5 Performance of autopsy by pathologist.

§841-14.5 Performance of autopsy by pathologist.
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. [L 1987, c 23, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-14.6 Assistance among counties.

§841-14.6 Assistance among counties.
(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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-15 Notice to next of kin, expense.

§841-15 Notice to next of kin, expense.
The coroner called to investigate the death of any person shall notify the next of kin, if known, of the death by telephone, letter, cable, or radiogram, as each case may necessitate. The director of finance of the county in which the death occurs may make the disbursement necessary to defray the expenses involved in the notification. [L 1943, c 209, §2; RL 1945, §10914; RL 1955, §260-15; HRS §715-15; ren L 1972, c 9, pt of §1]
Revision Note
The words "treasurer or", preceding "director of finance", deleted to conform to county charters.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-16 Disposal of decomposed remains.

§841-16 Disposal of decomposed remains.
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. [L 1949, c 355, pt of §5; RL 1955, §260-16; HRS §715-16; ren L 1972, c 9, pt of §1; am L 1973, c 17, §4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-17 Hospital records.

§841-17 Hospital records.
The chief of police of the city and county of Honolulu or the chief's deputy, and the coroner or deputy coroner, and the coroner's physician may examine the records of any hospital relating to any patient of the hospital in connection with any investigation under this chapter. The hospital may require written proof signed by the coroner of the fact of the investigation and of the authority of the person desiring to examine the records. [L 1949, c 355, pt of §5; am L 1953, c 40, §1; RL 1955, §260-17; HRS §715-17; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-18 Coroner's physician; laboratory facilities.

§841-18 Coroner's physician; laboratory facilities.
The medical examiner or any of the medical examiner's assistants in the city and county of Honolulu, and any experienced or qualified government physician designated by the coroner in the counties of Hawaii, Maui, and Kauai, shall be the coroner's physician for such county or city and county. The facilities of the laboratories of the state department of health shall be made available to the coroner's physician. The term government physician as used in this chapter means a physician employed by the State or any of its political subdivisions. [L 1949, c 355, pt of §5; RL 1955, §260-18; am L 1962, c 8, §2; HRS §715-18; ren L 1972, c 9, pt of §1; gen ch 1985]
Attorney General Opinions
Before 1962 amendment, where a state physician was designated as coroner's physician, the state physician's expenses were county responsibility. Att. Gen. Op. 61-83.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 841. Inquests, Coroners › 841-19 Notification of this chapter.

§841-19 Notification of this chapter.
A copy of this chapter shall be transmitted to all physicians, undertakers, hospitals, and institutions established, licensed, or doing business in the State. [L 1949, c 355, pt of §5; RL 1955, §260-19; HRS §715-19; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-1 Definitions.

§842-1 Definitions.
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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-3 Penalty; forfeiture of property.

§842-3 Penalty; forfeiture of property.
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. [L 1972, c 71, pt of §2; am L 1987, c 140, §1; am L 1988, c 260, § §2, 7; am L 1990, c 27, §3 and c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6; am L 1999, c 227, §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-4 Prohibited affirmative defense.

§842-4 Prohibited affirmative defense.
The affirmative defense of being a player in a social gambling game is not available to a person engaged in organized crime or who is connected directly or indirectly with persons who are engaged in organized crime. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-5 Forfeiture of corporate charters and cancellation of registrations and licenses.

§842-5 Forfeiture of corporate charters and cancellation of registrations and licenses.
The attorney general may institute civil proceedings in the circuit court to forfeit the charter of any corporation organized under the laws of this State and to cancel the registration and license authorizing any foreign corporation to carry on business or charitable work in this State, when:
(1) (A) Any of the corporate officers or any other person controlling the management or operation of the corporation, with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and majority of the directors should have such knowledge, is engaged in organized crime or who is connected directly or indirectly with organizations or criminal societies engaging in organized crime[;] or
(B) A director, officer, employee, agent, or stockholder acting for, through, or on behalf of a corporation, in conducting the corporation's affairs, purposely engages in a persistent course of organized crime with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and a majority of the directors should have such knowledge, with the intent to compel or induce other persons, firms, or corporations to deal with the corporation or to engage in organized crime; and
(2) The public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the registration and license to be canceled, for the prevention of future illegal conduct of the same character. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-6 Enjoining other business operations.

§842-6 Enjoining other business operations.
The attorney general may institute civil proceedings in the circuit court to enjoin the operation of any business other than a corporation, including a partnership, limited partnership, unincorporated association, joint venture, or sole proprietorship, when:
(1) Any person in control of the business, who may be a partner in a partnership or in a limited partnership, a participant in a joint venture, the owner of a sole proprietorship, an employee or agent of any such business, or a person who, in fact, exercises control over the operations of the business in conducting business affairs, purposely engages in a persistent course of organized crime with the intent to compel or induce other persons, firms, or corporations to deal with the business or engage in organized crime; and
(2) The public interest requires the operation of the business to be enjoined, for the prevention of future illegal conduct of the same character. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-7 Commencement and conduct of proceedings under sections 842-5 and 842-6.

§842-7 Commencement and conduct of proceedings under sections 842-5 and 842-6.
(a) The proceedings authorized by section 842-5 may be instituted against a corporation in any judicial circuit in which it is doing business or carrying on its work and the proceedings shall be conducted in accordance with the Hawaii rules of civil procedure and the applicable rules of court. These proceedings shall be additional to any other proceedings authorized by law for the purpose of forfeiting the charter of a corporation or cancelling the registration and license of a foreign corporation.
(b) The proceedings authorized by section 842-6 may be instituted against a business other than a corporation in any judicial circuit in which it is doing business and the proceedings shall be conducted in accordance with the Hawaii rules of civil procedure and the applicable rules of court. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-8 Civil remedies.

§842-8 Civil remedies.
(a) The circuit courts of the State shall have jurisdiction to prevent and restrain violations of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest oneself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.
(b) The attorney general may institute proceedings under this section. In any action brought by the State under this section, the court shall proceed as soon as practicable to the hearing and determination thereof. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.
(c) Any person injured in the person's business or property by reason of a violation of this chapter may sue therefor in any appropriate court and shall recover the damages the person sustains and the cost of the suit, including a reasonable attorney's fee.
(d) A final judgment or decree rendered in favor of the State in any criminal proceeding brought by the State under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the State. [L 1972, c 71, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-9 Evidence.

§842-9 Evidence.
In any proceeding ancillary to or in any civil action instituted by the State under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-11 Failure to report income; penalty.

§842-11 Failure to report income; penalty.
Any law to the contrary notwithstanding, no person shall wilfully fail to report income derived, directly or indirectly, from a racketeering activity or through collection of an unlawful debt, or to pay the taxes due thereon as provided by chapter 235 or 237. Whoever violates this section shall be guilty of a class B felony and in addition shall be subject to any assessment and collection of taxes, penalties, and interest to which the State may be entitled under chapters 235 and 237. [L 1972, c 71, pt of §2; am L 1999, c 227, §2]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-610(2), 706-640, 706-660.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 842. Organized Crime › 842-12 Inspection of tax records by chiefs of police.

§842-12 Inspection of tax records by chiefs of police.
The chiefs of police of the several counties or their authorized representatives may apply to any judge for an order allowing inspection and examination of the tax returns and records on file with the department of taxation of persons suspected of wilful failure to pay or report taxes, provided that such order shall issue only upon a showing of probable cause. [L 1972, c 71, pt of §2]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-1 Definitions.

§844D-1 Definitions.
In this chapter, unless a different meaning is plainly required:
"Autoradiograph" means photographic film developed when exposed to radioactivity appearing as darkened areas which represents DNA sequencing resulting from analysis of samples and specimens.
"Buccal swab" means a swab used to collect buccal cells from the mouth cavity by wiping the interior surface of the cheek.
"Conviction" means a judgment on a verdict or a finding of guilty, or a plea of guilty or nolo contendere.
"Department" means the police department of the city and county of Honolulu.
"DNA" means deoxyribonucleic acid.
"DNA or forensic identification markers" has the same meaning as "profile".
"FBI" means the Federal Bureau of Investigation.
"Print impression" means any fingerprint, thumbprint, palm print, or set of fingerprints or palm prints designated in the department's rules or internal regulations adopted pursuant to section 844D-3.
"Profile" means data resulting from scientific analysis of samples and specimens.
"Prosecuting attorney" means an attorney from the department of the prosecuting attorney of any county, the department of the attorney general, or any other entity that prosecutes criminal cases.
"Sample" means human biologic material collected in a manner specified in the department's rules or internal regulations adopted pursuant to section 844D-3, including but not limited to, saliva collected by means of buccal swab.
"Specimen" means human biologic material collected in a manner specified in the department's rules or internal regulations adopted pursuant to section 844D-3, including but not limited to blood. [L 2005, c 112, pt of §1]
Note
Section 844D-3, referred to in the definitions of "print impression", "sample", and "specimen" does not exist.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-2 Administration.

§844D-2 Administration.
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. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-21 Collection of specimens, samples, and print impressions at correctional facility or other detention facility.

§844D-21 Collection of specimens, samples, and print impressions at correctional facility or other detention facility.
(a) When the specimens, samples, or print impressions required by this chapter are collected at a correctional facility or other detention facility, including private correctional facilities, the chief administrative officer of the correctional facility or other detention facility shall be responsible for ensuring that:
(1) The requisite specimens, samples, or print impressions are collected from qualifying offenders during the intake process at that facility or reasonably promptly thereafter; or
(2) The requisite specimens, samples, or print impressions are collected as soon as administratively practicable after a qualifying offender reports to the facility for the purpose of providing specimens, samples, and print impressions; and
(3) The specimens, samples, or print impressions collected pursuant to this chapter are forwarded immediately to the department and in compliance with this chapter.
(b) The specimens, samples, or print impressions required by this section shall be collected by a person using a collection kit approved by the department and in accordance with the requirements and procedures set forth in section 844D-62. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-22 Analysis and examination of specimens for identification purposes.

§844D-22 Analysis and examination of specimens for identification purposes.
(a) The department shall authorize DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes.
(b) The department shall perform examinations of print impressions pursuant to this chapter only for identification purposes. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-23 Repository of samples and records

§844D-23 Repository of samples and records
. (a) The department may designate itself or other appropriate entities to serve as repositories for blood specimens and buccal swab and other biological samples, and the designated entity shall analyze specimens and samples, and store, compile, correlate, compare, maintain, and use DNA and forensic identification profiles and records related to the following:
(1) Forensic casework and forensics unknown;
(2) Known and evidentiary specimens and samples from crime scenes or criminal investigations;
(3) Missing or unidentified persons;
(4) Persons required to provide specimens, samples, or print impressions under this chapter;
(5) Legally obtained samples; and
(6) Anonymous DNA records used for training, research, statistical analysis of populations, quality assurance, or quality control.
(b) The designated entity shall include files as necessary to implement this chapter.
(c) Nothing in this section shall be construed as requiring the designated entity to provide specimens or samples for quality control or other purposes to those who request specimens or samples.
(d) Samples, specimens, or profiles to be submitted for the state DNA database and data bank identification program shall include information as required by the department for ensuring search capabilities and compliance with National DNA Index System standards. [L 2005, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 844D. Forensic Identification › 844D-31 Offenders subject to collection.

§844D-31 Offenders subject to collection.
(a) Any person, except for any juvenile, who is convicted of, or pleads guilty or no contest to, any felony offense, even if the plea is deferred, or is found not guilty by reason of insanity of any felony offense, shall provide buccal swab samples and print impressions of each hand, and, if required by the collecting agency's rules or internal regulations, blood specimens, required for law enforcement identification analysis.
(b) Testing pursuant to this section shall begin immediately for all persons who have been convicted of murder in any degree or any felony offense defined in chapter 846E and all persons convicted of any felony offense who are confined in a correctional facility or other detention facility, including private correctional facilities, but shall not begin for other persons until thirty days after statewide publication of notice by the attorney general pursuant to section 1-28.5.
(c) The attorney general's notice, pursuant to subsection (b), may be provided in stages, beginning with notice of the beginning of testing of all persons not already mandated to be tested by subsection (b) who have been convicted of a class A felony, then notice of the beginning of testing of all persons not already mandated to be tested by subsection (b) who have been convicted of a class B felony, and finally notice of the beginning of testing of all persons not already mandated to be tested by subsection (b) who have been convicted of a class C felony.
(d) Nothing in this section shall be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying offense. [L 2005, c 112, pt of §1; am L 2006, c 144, §1]