reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 804. Bail; Bond to Keep the Peace › 804-16 Bail bond, etc., deposited where.

§804-16 Bail bond, etc., deposited where.
The magistrate who makes any commitment or lets any person to bail, shall without any unnecessary delay, at the farthest within ten days, transmit to the clerk or presiding judge of the court which has legal cognizance of the offense charged, all the complaints, depositions, bail bonds, bonds for the appearance of witnesses, and other documents in the magistrate's possession relative to the accusation. [PC 1869, c 50, §15; RL 1925, §3992; RL 1935, §5446; RL 1945, §10746; RL 1955, §256-16; HRS §709-16; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 804. Bail; Bond to Keep the Peace › 804-17 Prompt appearance and response; default.

§804-17 Prompt appearance and response; default.
The names of all persons who have given bail or have become bound by recognizance to appear in any court, shall be called in open court on the day and at the time they are respectively bound to appear, and if they fail to appear promptly and respond thereto, their default shall be entered, and the entry shall be evidence of the breach of their appearance bonds or recognizances. [PC 1869, c 50, §16; RL 1925, §3993; RL 1935, §5447; RL 1945, §10747; RL 1955, §256-17; HRS §709-17; ren L 1972, c 9, pt of §1; am L 1981, c 62, §1]
Case Notes
Action on bail bond properly brought in name of obligee though no longer sheriff. 19 H. 5 (1908).
No default when appearance is made before adjournment of court. 56 H. 203, 532 P.2d 663 (1975).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 804. Bail; Bond to Keep the Peace › 804-18 Witness, summary process for.

§804-18 Witness, summary process for.
Courts may also, on motion of the public prosecutor, order any sheriff or chief of police or the sheriff's or chief's authorized subordinate to arrest and bring before them any person who has been bound by recognizance or summoned to appear and give testimony and who has not attended at the time appointed. When so arrested, the witnesses may be also fined in any sum not exceeding $100 for their neglect, and shall remain in custody until they give their testimony and are discharged from further attendance, or until they give such security as shall satisfy the court, for their appearance to testify. [PC 1869, c 50, §17; RL 1925, §3994; RL 1935, §5448; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10748; RL 1955, §256-18; HRS §709-18; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 804. Bail; Bond to Keep the Peace › 804-19 Times for appearance.

§804-19 Times for appearance.
Witnesses bound to appear, and persons let out on bail, shall not only attend on the day appointed in their respective obligations, but at such other times as the court shall direct, and the obligation continues until they are discharged by the court. [PC 1869, c 50, §18; RL 1925, §3995; RL 1935, §5449; RL 1945, §10749; RL 1955, §256-19; HRS §709-19; ren L 1972, c 9, pt of §1]
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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 review the evidence, reduce the substance of the complaint to writing, and cause the complaint to be:
(1) Subscribed by the complainant under oath, which the prosecuting officer is hereby authorized to administer;
(2) Made by declaration in accordance with the rules of court; or
(3) Signed by the prosecuting officer.
If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath, or the complaint may be submitted by declaration in accordance with the rules of court. Upon presentation of the written complaint to the judge in whose circuit the offense allegedly has been committed, the judge shall issue a warrant, reciting the complaint and requiring the sheriff, or other officer to whom it is directed, except as provided in section 805-3, to arrest the accused and to bring the accused before the judge to be dealt with according to law; and in the same warrant the judge may require the officer to summon such witnesses as are named in the warrant to appear and give evidence at the trial. The warrant may be in the form established by the usage and practice of the issuing court. [L 1892, c 57, §18; RL 1925, §4007; RL 1935, §5470; am L 1941, c 64, §1; RL 1945, §10770; RL 1955, §257-1; am L 1959, c 184, §1; am L 1963, c 85, §3; HRS §710-1; am L 1970, c 188, §36; ren L 1972, c 9, pt of §1; am L 1978, c 227, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; gen ch 1993; am L 1998, c 36, §3; am L 2007, c 13, §2; am L 2022, c 2, §1]
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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 805. Criminal Procedure: District Courts › 805-9 Procedure against corporations; summons, issuance.

§805-9 Procedure against corporations; summons, issuance.
Upon an information or presentment against a corporation, the district judge shall issue a summons signed by the district judge, with the district judge's name of office, requiring the corporation to appear before the district judge at a specified time and place, to answer the charge. [L 1893-4, c 24, §1; RL 1925, §4013; RL 1935, §5476; RL 1945, §10776; RL 1955, §257-9; HRS §710-9; 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.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 805. Criminal Procedure: District Courts › 805-10 Same; summons, service.

§805-10 Same; summons, service.
The summons shall be served by delivering a copy thereof, and showing the original to the president or other head of the corporation, or to the secretary, treasurer, or managing agent thereof. [L 1893-4, c 24, §2; RL 1925, §4014; RL 1935, §5474; RL 1945, §10777; RL 1955, §257-10; HRS §710-10; ren L 1972, c 9, pt of §1]
Rules of Court
Obtaining the appearance of defendant, see HRPP rule 9.
Case Notes
Cited: 41 H. 348 (1956).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 805. Criminal Procedure: District Courts › 805-11 Same; trial.

§805-11 Same; trial.
At the appointed time in the summons the district judge shall proceed to hear and try the case as in the case of a natural person. [L 1893-4, c 24, §3; RL 1925, §4015; RL 1935, §5478; RL 1945, §10778; RL 1955, §257-11; HRS §710-11; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-1 Definitions.

§806-1 Definitions.
In this chapter: "act" or "doing of an act" includes "omission to act"; "the court" unless a contrary intention appears means the court before which the trial is had; "the offense" means the specific offense constituted by the acts or omissions of the accused as distinguished from "the transaction" which means the particular acts, facts, and circumstances which distinguish the offense committed from other offenses of the same nature. [L 1915, c 215, pt of §2; RL 1925, §4021; RL 1935, §5494; RL 1945, §10795; RL 1955, §258-1; HRS §711-1; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-2 Inapplicable to district courts.

§806-2 Inapplicable to district courts.
Notwithstanding any provision of this chapter that the same applies to courts of record, such provision shall not, without more, apply to district courts. [L 1971, c 144, §31B; HRS §711-2; ren L 1972, c 9, pt of §1]
Case Notes
As the plain language of this section limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of §806-28 to the district courts. 127 H. 48, 276 P.3d 617 (2012).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-7 Preparation of indictment, complaint, or information; true bill by grand jury.

§806-7 Preparation of indictment, complaint, or information; true bill by grand jury.
Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer. Every indictment shall be duly found by a grand jury before the arraignment of the accused, and when so found shall be indorsed a true bill, and the indorsement shall be signed by the foreperson. [L 1876, c 40, §2; am L 1903, c 39, §2; RL 1925, §4018; RL 1935, §5491; RL 1945, §10792; RL 1955, §258-3; HRS §711-7; ren L 1972, c 9, pt of §1; am L 1991, c 147, §2; gen ch 1993]
Rules of Court
Grand jury; finding and return of indictment, see HRPP rule 6(f).
Indictment, information, or complaints, see HRPP rule 7.
Case Notes
Signed by foreperson. 16 H. 743 (1905).
Not sufficient ground to quash indictment that defendant was subpoenaed before grand jury, when it appears defendant was informed of defendant's right to refuse to answer questions the answers to which might incriminate defendant. 24 H. 621 (1919).
Examination of wife of accused by grand jury, effect. 45 H. 221, 365 P.2d 202 (1961).
Indictment may be based on hearsay under certain circumstances. 53 H. 513, 497 P.2d 559 (1972).
There is presumption that indictment was based on sufficient evidence, and burden is on one who asserts that it was not. 53 H. 513, 497 P.2d 559 (1972).
Effect of incompetent evidence on validity of indictment where there are other legal and competent evidence. 58 H. 474, 572 P.2d 497 (1977).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-8 Prosecution where indictment not essential.

§806-8 Prosecution where indictment not essential.
In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without an indictment by a grand jury, the legal prosecutor may arraign and prosecute the accused upon an information, complaint, or an indictment at the prosecutor's election; and in all criminal cases brought in the first instance in a court of record the prosecutor may arraign and prosecute the accused by information, complaint, or indictment, as the case may be, whether there has been a previous examination, or commitment for trial by a judge, or not. [L 1903, c 39, §3; RL 1925, §4019; RL 1935, §5492; RL 1945, §10793; RL 1955, §258-4; HRS §711-8; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1991, c 147, §3]
Cross References
See Const. art. I, §10.
Use of indictment or information, see § §801-1, 806-6.
Rules of Court
Indictment, information, or complaint, see HRPP rule 7.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-9 Information, laws applicable.

§806-9 Information, laws applicable.
All provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials, and punishments, or the passing or execution of any sentence, and to all proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent as near as may be, apply to information and all prosecutions and proceedings thereon. [L 1903, c 39, §5; RL 1925, §4020; RL 1935, §5493; RL 1945, §10794; RL 1955, §258-5; HRS §711-9; ren L 1972, c 9, pt of §1]
Case Notes
Need not be verified. 23 H. 250, 253 (1916).
Form and content of information. 36 H. 550 (1943), aff'd 150 F.2d 545 (1945).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-10 Form.

§806-10 Form.
The indictment may be substantially in the following form:
In the Circuit Court of the ............... Judicial Circuit, State of Hawaii ..............., Term 20.....
The State of Hawaii vs. ........................., defendant.
The Grand Jury of the ............... Circuit of the State of Hawaii do present that (here give name or description of the accused). (Here set forth the offense and transaction according to the rules in this chapter enunciated.)
A True Bill found this .......... day of ..........., 20.....
Signed: ..............................
Foreperson of the Grand Jury.
Signed: ..............................
(Official title of prosecuting officer.)
[L 1915, c 215, pt of §2; RL 1925, §4049; RL 1935, §5508; RL 1945, §10810; RL 1955, §258-20; HRS §711-10; ren L 1972, c 9, pt of §1; gen ch 1993]
Revision Note
The date "19....." in the form was changed to "20....." pursuant to §23G-16.
Rules of Court
Nature and contents of indictment, see HRPP rule 7(d).
Case Notes
Cited: 37 H. 625, 643 (1947), questioned 82 F. Supp. 65, 104 (1948).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-11 Disposal of firearms.

§806-11 Disposal of firearms.
(a) At the time of arraignment, the court shall order a defendant who is under indictment for, or who has waived indictment for, or who has been bound over to the circuit court for a felony, or any crime of violence, or an illegal sale of any drug, to dispose of all firearms and ammunition within the defendant's possession in a manner in compliance with the provisions of chapter 134 and shall inform the defendant of the provisions of section 134-7(b) and section 134-12.5. The defendant shall comply with an order issued pursuant to this section within forty-eight hours of the issuance of such order. A defendant's compliance with the forty-eight hour requirement of this section shall not give rise to a prosecution for violations of sections 134-2, 134-3 or 134-4.
(b) The court shall immediately notify the chief of police of the county where the defendant resides that the defendant has been ordered to voluntarily surrender all firearms and ammunition to the chief of police or dispose of all firearms and ammunition within the defendant's possession.
(c) If the defendant fails to voluntarily surrender all firearms and ammunition to the chief of police where the defendant resides or dispose of the firearms and ammunition within forty-eight hours of the issuance of the order, the chief of police may seize all firearms and ammunition.
(d) For the purposes of this section, "dispose" shall have the same meaning as provided in section 134-7.3. [L 1993, c 215, §4; am L 2000, c 127, §4]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-16 Venue; how stated.

§806-16 Venue; how stated.
It shall not be necessary to state any venue in the body of any indictment, but the jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of the indictment; provided that in cases where local description is required, the local description shall be given in the body of the indictment. [L 1876, c 40, §12; RL 1925, §4031; RL 1935, §5495; RL 1945, §10796; RL 1955, §258-6; HRS §711-16; ren L 1972, c 9, pt of §1]
Rules of Court
Venue, see HRPP rule 18.
Case Notes
In margin of charge in district court, sufficient. 11 H. 435 (1898).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-17 Circuits constitute district for criminal trial by jury.

§806-17 Circuits constitute district for criminal trial by jury.
The judicial circuits of the State established by section 603-1 are deemed to be the "districts" referred to in Article I, section 14, of the Constitution of the State with respect to the right to a trial by jury in criminal prosecutions, until such time as the legislature of the State shall otherwise provide. [L 1959, c 125, §2; HRS §711-17; ren L 1972, c 9, pt of §1]
Rules of Court
Venue, see HRPP rule 18.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-18 Change of venue.

§806-18 Change of venue.
It shall be lawful for any court of record or judge thereof, at any state of any criminal proceedings depending therein, whether the venue be by law local or not, to order that the venue be changed, and to direct that the trial be had in Honolulu or in some particular judicial circuit, in such cases and for such reasons as the justice of the case may require, and subject to such conditions as the court or judge may, in its or the judge's discretion, impose. [L 1876, c 40, §13; RL 1925, §4032; RL 1935, §5496; RL 1945, §10797; RL 1955, §258-7; HRS §711-18; ren L 1972, c 9, pt of §1; gen ch 1985]
Cross References
Change of venue, see §603-37.
Rules of Court
Transfer from district or circuit for trial, see HRPP rule 21.
Time of motion to transfer, see HRPP rule 22.
Case Notes
Change of venue granted to facilitate production of evidence. 9 H. 360 (1894).
Change of venue lies in sound discretion of court. 11 H. 314 (1898); 46 H. 183, 377 P.2d 728 (1962).
See 3 H. 90 (1869).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-21 Joinder of defendants; accessories, receivers.

Rules of Court
Joinder of offenses and defendants, see HRPP rule 8.
§806-21 Joinder of defendants; accessories, receivers.
Any number of accessories at different times to any felony, and any number of receivers at different times of the whole or any part or parts of any property which at one time have been stolen, taken, extorted, obtained, embezzled, or otherwise disposed of in such a manner as to amount to a felony, may be charged with substantive felonies in the same indictment and may be tried together, notwithstanding the principal felon is not included in the same indictment, or is not in custody, or amenable to justice. [L 1876, c 40, §14; RL 1925, §4038; RL 1935, §5497; RL 1945, §10798; RL 1955, §258-8; HRS §711-21; ren L 1972, c 9, pt of §1]
Case Notes
Separate trial is matter in discretion of court. 3 H. 30 (1867).
Convictions against several defendants jointly charged and tried for several offenses upheld. 4 H. 509 (1882).
Joinder of principal and accessories upheld. 7 H. 734 (1889).
One may be charged in different counts in same indictment as principal and as accessory before the fact in an attempt to commit a crime; where this is done and one is convicted as principal he is not entitled to his discharge because of acquittal of his alleged principal. 11 H. 591 (1898).
Severance rests in discretion of court. 46 H. 183, 377 P.2d 728 (1962). Denial not subject to reversal unless there was clear abuse of discretion. 47 H. 185, 389 P.2d 146 (1963).
An accused person has no right to be tried with another accused with him. 53 H. 574, 499 P.2d 678 (1972).
See 3 H. 90 (1869).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-22 Joinder of charges against defendant.

§806-22 Joinder of charges against defendant.
When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments, informations, or complaints, the whole may be joined in separate counts in one indictment, information, or complaint. If two or more indictments, informations, or complaints are found or entered in such cases, the court or district judge may order them to be consolidated. [L 1941, c 59, §1; RL 1945, §10799; RL 1955, §258-9; HRS §711-22; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1]
Case Notes
Statute construed to apply to complaint filed in circuit court upon general appeal from district court. 37 H. 591 (1947).
See 36 H. 550 (1943), aff'd 150 F.2d 545 (1945).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-23 Misjoinder.

§806-23 Misjoinder.
No indictment shall be quashed, set aside, or dismissed, nor shall any demurrer thereto be sustained for misjoinder of parties defendant or for misjoinder of offenses charged; and if either defect exists the court may sever the indictment containing it into separate indictments or into separate counts as shall be proper. [L 1915, c 215, pt of §2; RL 1925, §4047; RL 1935, §5506; RL 1945, §10808; RL 1955, §258-18; HRS §711-23; ren L 1972, c 9, pt of §1]
Rules of Court
Relief from prejudicial joinder, see HRPP rule 14.
Motion in lieu of demurrer, see HRPP rule 12(a).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-26 Meaning of words and phrases.

§806-26 Meaning of words and phrases.
The words and phrases used in an indictment shall be construed according to their usual acceptation, except words and phrases which have been defined by law or which have acquired a legal signification, which words and phrases shall be construed according to their legal signification and shall be sufficient to convey that meaning. [L 1915, c 215, pt of §2; RL 1925, §4041; RL 1935, §5500; RL 1945, §10802; RL 1955, §258-12; HRS §711-26; ren L 1972, c 9, pt of §1]
Case Notes
Cited: 37 H. 625, 643 (1947), questioned 82 F. Supp. 65, 104 (1948).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-27 Indictment; defects and omissions.

§806-27 Indictment; defects and omissions.
No indictment shall be held invalid or insufficient for want of the averment of any matter unnecessary to be proved; for any defect or omission of any matter of form only; for any miswriting, misspelling, or improper English, or the use of abbreviations, signs, symbols, or foreign words locally in common use and commonly understood; for the omission of the words "as appears upon the record", or "as appears by the record" or of the words "against the peace" or of the words "against the form of the statute" or of the words "against the form of the statutes"; or, provided jurisdiction of the court is shown with certainty sufficient to satisfy a person of ordinary intelligence, for stating time or place imperfectly or incorrectly.
No indictment shall be held invalid or insufficient for want of an averment that the grand jurors were impaneled, sworn, or charged; for want of a proper or formal conclusion; for want of or imperfection in the addition of any defendant; or because any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of the person's proper name; or because the initial of any person's given name is stated instead of the person's given name; or for want of a statement of value or price or the amount of damage or injury in any case where the value or price or the amount of damage or injury is not of the essence of the offense.
No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected, by reason of any defect or imperfection in matter or form, which shall not prejudice or tend to prejudice the defendant. [L 1876, c 40, §15; am L 1903, c 39, §7; am L 1915, c 215, §1; RL 1925, §4039; add L 1927, c 262, §1; RL 1935, §5498; RL 1945, §10800; RL 1955, §258-10; HRS §711-27; ren L 1972, c 9, pt of §1; gen ch 1985]
Rules of Court
Nature and contents of indictment, see HRPP rule 7(d).
Case Notes
Variance. See 34 F.2d 86 (1929).
Indictment held demurrable for lack of particularity. 10 H. 114 (1895).
Exact date of embezzlement need not be stated in indictment. 11 H. 213 (1897).
Indictment for murder in first degree, describing the offense, is not fatally defective because in its conclusion it does not name deceased. 11 H. 293 (1898).
Ordinarily, unless excused by statute time of commission of offense must be specifically alleged. 18 H. 246 (1907).
Time need not be proved as laid where it is not of the essence of crime charged. 21 H. 214 (1912); 34 H. 209 (1937); 35 H. 571 (1940).
Sufficiency. 33 H. 180 (1934); 35 H. 324 (1940); 33 H. 560 (1935), questioned and criticized on other grounds. 36 H. 355, 361 (1943).
Indictment for burglary which stated ownership was in A instead of A and partner held not invalid. 45 H. 622, 372 P.2d 365 (1962).
Cited: 19 H. 88 (1908); 22 H. 773, 777 (1915); 37 H. 552, 553 (1947).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-28 Characterization of the act.

§806-28 Characterization of the act.
The indictment need not allege that the offense was committed or the act done "feloniously", "unlawfully", "wilfully", "knowingly", "maliciously", "with force and arms", or otherwise except where such characterization is used in the statutory definition of the offense. Where the characterization is so used the indictment may employ the words of the statute or other words substantially of the same import. In alleging the transaction the indictment may use the nounal, adjectival, verbal, or adverbial form of the statutory name of the offense. [L 1915, c 215, pt of §2; RL 1925, §4040; RL 1935, §5499; RL 1945, §10801; RL 1955, §258-11; HRS §711-28; ren L 1972, c 9, pt of §1]
Case Notes
As the plain language of §806-2 limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of this section to the district courts. 127 H. 48, 276 P.3d 617 (2012).
See 35 H. 324 (1940); 37 H. 586 (1947).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 806. Criminal Procedure: Circuit Courts › 806-29 Exceptions need not be negatived.

§806-29 Exceptions need not be negatived.
No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act existed in a particular case. [L 1915, c 215, pt of §2; RL 1925, §4042; RL 1935, §5501; RL 1945, §10803; RL 1955, §258-13; HRS §711-29; ren L 1972, c 9, pt of §1]
Case Notes
See 33 H. 180 (1934); 33 H. 686 (1936); 36 H. 32 (1942).