Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions

802-1 Right to representation by public defender or other appointed counsel. - §802-1 Right to representation by public defender or other appointed...

802-2 Notification of right to representation. - §802-2 Notification of right to representation. In every criminal case...

802-3 Request for appointment of counsel. - §802-3 Request for appointment of counsel. Any person entitled to...

802-4 Determination of indigency. - §802-4 Determination of indigency. Unless otherwise ordered by the court,...

802-5 Appointment of counsel; compensation. - §802-5 Appointment of counsel; compensation. (a) When it shall appear...

802-6 Subsequent ability to pay counsel. - §802-6 Subsequent ability to pay counsel. If at any time...

802-7 Litigation expenses. - §802-7 Litigation expenses. The court may, upon a satisfactory showing...

802-8 Office of the state public defender. - §802-8 Office of the state public defender. An office of...

802-9 Defender council. - §802-9 Defender council. The governor shall appoint a defender council...

802-10 REPEALED. - §802-10 REPEALED. L 1987, c 283, §66.

802-11 Appointment of state public defender. - §802-11 Appointment of state public defender. The state public defender...

802-12 Organization of office; assistance. - §802-12 Organization of office; assistance. Subject to the approval of...

802E. Court Advisement of Aliens Entering Guilty Plea

802E-1 Legislative findings and intent. - §802E-1 Legislative findings and intent. The legislature finds that in...

802E-2 Court advisement concerning alien status required prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts. - §802E-2 Court advisement concerning alien status required prior to the...

802E-3 Failure to advise; vacation of judgment. - §802E-3 Failure to advise; vacation of judgment. If the court...

802E-4 Court advisement concerning alien status required at the commencement of arraignment and plea hearing. - §802E-4 Court advisement concerning alien status required at the commencement...

803. Arrests, Search Warrants

803-1 Arrest; by warrant. - §803-1 Arrest; by warrant. No arrest of any person shall...

803-2 By oral order. - §803-2 By oral order. Where a breach of the peace...

803-3 By person present. - §803-3 By person present. Anyone in the act of committing...

803-4 On suspicion. - §803-4 On suspicion. Whenever a crime is committed, and the...

803-5 By police officer without warrant. - §803-5 By police officer without warrant. (a) A police officer...

803-6 Arrest, how made. - §803-6 Arrest, how made. (a) At or before the time...

803-7 Use of force. - §803-7 Use of force. In all cases where the person...

803-8 Weapons on person arrested. - §803-8 Weapons on person arrested. He who makes an arrest...

803-9 Examination after arrest; rights of arrested person. - §803-9 Examination after arrest; rights of arrested person. It shall...

803-10 Penalty. - §803-10 Penalty. Any person violating or failing to comply with...

803-11 Entering house to arrest. - §803-11 Entering house to arrest. Whenever it is necessary to...

803-16 Officer of United States Customs and Border Protection Service or Citizenship and Immigration Services; arrest powers. - §803-16 Officer of United States Customs and Border Protection Service...

803-17 United States marshal or deputy United States marshal; arrest powers. - §803-17 United States marshal or deputy United States marshal; arrest...

803-21 Fugitive criminal; surrender by master of vessel. - §803-21 Fugitive criminal; surrender by master of vessel. If any...

803-22 Secreting prisoners on board; penalty. - §803-22 Secreting prisoners on board; penalty. If the commanding officer...

803-23 Searching vessels without warrant; penalty. - §803-23 Searching vessels without warrant; penalty. It shall be lawful...

803-24 War vessels excepted. - §803-24 War vessels excepted. Nothing contained within sections 803-21 to...

803-31 Search warrant; defined. - Cross References See Const. art. I, §7. Rules of Court...

803-32 Purposes. - §803-32 Purposes. The power of granting this writ is one...

803-33 Affidavit. - §803-33 Affidavit. A search warrant can be granted in no...

803-33.5 Warrants issued on oral statements or electronic communications. - §803-33.5 Warrants issued on oral statements or electronic communications. (a)...

803-34 Contents. - §803-34 Contents. The warrant shall be in writing, signed by...

803-35 Deputies or police officers may serve. - §803-35 Deputies or police officers may serve. If the search...

803-36 Notice to applicant. - §803-36 Notice to applicant. Before executing the warrant the officer...

803-37 Power of officer serving. - §803-37 Power of officer serving. The officer charged with the...

803-38 Munitions of war. - §803-38 Munitions of war. If there is reasonable cause to...

803-41 Definitions. - Note Heading reenacted by L 2006, c 200, pt of...

803-42 Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited. - §803-42 Interception, access, and disclosure of wire, oral, or electronic...

803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture. - §803-43 Devices to intercept wire, oral, or electronic communications and...

803-44 Application for court order to intercept wire, oral, or electronic communications. - §803-44 Application for court order to intercept wire, oral, or...

803-44.5 Application for a pen register or a trap and trace device. - §803-44.5 Application for a pen register or a trap and...

803-44.6 Issuance of an order for a pen register or a trap and trace device. - §803-44.6 Issuance of an order for a pen register or...

803-44.7 Application for authorization to install and use a mobile tracking device. - §803-44.7 Application for authorization to install and use a mobile...

803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications. - §803-45 Authorization for disclosure and use of intercepted wire, oral,...

803-46 Procedure for interception of wire, oral, or electronic communication. - §803-46 Procedure for interception of wire, oral, or electronic communication....

803-47 Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices. - §803-47 Reports concerning intercepted wire, oral, or electronic communications; reports...

803-47.5 Disclosure of contents of communication while in electronic storage. - §803-47.5 Disclosure of contents of communication while in electronic storage....

803-47.6 Requirements for governmental access. - §803-47.6 Requirements for governmental access. (a) A governmental entity may...

803-47.7 Backup preservation. - §803-47.7 Backup preservation. (a) A governmental entity may include in...

803-47.8 Delay of notification. - §803-47.8 Delay of notification. (a) A governmental entity may as...

803-47.9 Cost reimbursement. - §803-47.9 Cost reimbursement. (a) A government entity obtaining the contents...

803-48 Recovery of civil damages authorized. - §803-48 Recovery of civil damages authorized. Any person whose wire,...

803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in... - §803-48.5 Injunction against illegal interception. Whenever it appears that any...

803-49 Severability. - §803-49 Severability. If any portion or subsection of this part...

803-50 REPEALED. - §803-50 REPEALED. L 1984, c 91, §1.

804. Bail; Bond to Keep the Peace

804-1 Bail defined. - Law Journals and Reviews Risky Business: Assessing Dangerousness in Hawai...

804-2 Unclaimed bail money. - §804-2 Unclaimed bail money. All money deposited by way of...

804-3 Bailable offenses. - §804-3 Bailable offenses. (a) For purposes of this section, "serious...

804-4 When a matter of right. - §804-4 When a matter of right. (a) If the charge...

804-5 By whom allowed. - §804-5 By whom allowed. In cases where the punishment for...

804-6 Bail bond after conviction. - §804-6 Bail bond after conviction. Unless otherwise ordered by the...

804-7 Release after bail. - §804-7 Release after bail. The judiciary, in consultation with the...

804-7.1 Conditions of release on bail, recognizance, or supervised release. - §804-7.1 Conditions of release on bail, recognizance, or supervised release....

804-7.2 Violations of conditions of release on bail, recognizance, or supervised release. - §804-7.2 Violations of conditions of release on bail, recognizance, or...

804-7.3 Sanctions for violation of conditions of release on bail, recognizance, or supervised release. - §804-7.3 Sanctions for violation of conditions of release on bail,...

804-7.4 General conditions of release on bail. - §804-7.4 General conditions of release on bail. Any person released...

804-7.5 Right to a prompt hearing; release or detention. - §804-7.5 Right to a prompt hearing; release or detention. (a)...

804-8 No bail where wounding may terminate in death. - §804-8 No bail where wounding may terminate in death. Where...

804-9 Amount. - §804-9 Amount. The amount of bail rests in the discretion...

804-9.5 Unsecured bail. - §804-9.5 Unsecured bail. (a) The court may order the defendant...

804-10 REPEALED. - §804-10 REPEALED. L 1987, c 139, §7.

804-10.5 Sureties; qualification. - §804-10.5 Sureties; qualification. (a) In determining the sufficiency of a...

804-11 One surety sufficient; when. - §804-11 One surety sufficient; when. A single surety is sufficient,...

804-11.5 Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail. - §804-11.5 Cash, credit and debit card authorization, stocks, bonds, or...

804-12 Bond for minor. - §804-12 Bond for minor. When the person admitted to bail...

804-13 Insufficient bail. - §804-13 Insufficient bail. If, owing to mistake or misrepresentation, insufficient...

804-14 Discharge of sureties. - §804-14 Discharge of sureties. Those who may have become bail...

804-15 Recognizance. - §804-15 Recognizance. In all cases where a magistrate either commits...

804-16 Bail bond, etc., deposited where. - §804-16 Bail bond, etc., deposited where. The magistrate who makes...

804-17 Prompt appearance and response; default. - §804-17 Prompt appearance and response; default. The names of all...

804-18 Witness, summary process for. - §804-18 Witness, summary process for. Courts may also, on motion...

804-19 Times for appearance. - §804-19 Times for appearance. Witnesses bound to appear, and persons...

804-31 Offense against complainant, arrest. - §804-31 Offense against complainant, arrest. (a) A complaint may be...

804-32 Bond pending trial and upon appeal. - §804-32 Bond pending trial and upon appeal. When anyone arrested...

804-33 Trial; bond protecting complainant. - §804-33 Trial; bond protecting complainant. (a) The judge before whom...

804-34 Bond not executed. - §804-34 Bond not executed. If the bond is not executed...

804-35 Bond protecting others. - §804-35 Bond protecting others. If, from the nature of the...

804-36 Term and renewal of bond. - §804-36 Term and renewal of bond. The bond shall be...

804-37 Offense in presence of district judge. - §804-37 Offense in presence of district judge. Any district judge...

804-38 Offense against other than complainant; arrest. - §804-38 Offense against other than complainant; arrest. Any person who...

804-39 Bond in addition to conviction. - §804-39 Bond in addition to conviction. When upon the conviction...

804-40 Suit on bond. - §804-40 Suit on bond. If the condition of any bond...

804-41 Discharge of surety. - §804-41 Discharge of surety. At any time before the breach...

804-51 Procedure. - §804-51 Procedure. Whenever the court, in any criminal cause, forfeits...

804-61 REPEALED. - §804-61 REPEALED. L 1993, c 181, §4.

804-62 Limit of compensation; penalty. - §804-62 Limit of compensation; penalty. (a) The amount of compensation...

805. Criminal Procedure: District Courts

805-1 Complaint; form of warrant. - §805-1 Complaint; form of warrant. When a complaint is made...

805-2 Copy of complaint. - §805-2 Copy of complaint. In executing the warrant of arrest...

805-3 Summons in what cases. - §805-3 Summons in what cases. Where, from the complaint, it...

805-4 Service of summons. - §805-4 Service of summons. The summons shall be served by...

805-5 Warrant after summons issued. - §805-5 Warrant after summons issued. The district judge may, for...

805-6 Arraignment. - §805-6 Arraignment. Upon arraignment, the written complaint upon which the...

805-7 Commitment; form of mittimus. - §805-7 Commitment; form of mittimus. In all cases of arrest...

805-8 Notice to county attorney or prosecuting attorney. - §805-8 Notice to county attorney or prosecuting attorney. In all...

805-9 Procedure against corporations; summons, issuance. - §805-9 Procedure against corporations; summons, issuance. Upon an information or...

805-10 Same; summons, service. - §805-10 Same; summons, service. The summons shall be served by...

805-11 Same; trial. - §805-11 Same; trial. At the appointed time in the summons...

805-12 Unclaimed articles used as evidence, disposition of. - §805-12 Unclaimed articles used as evidence, disposition of. Whenever an...

805-13 Motor vehicle insurance violation. - §805-13 Motor vehicle insurance violation. (a) In all cases of...

806. Criminal Procedure: Circuit Courts

806-1 Definitions. - §806-1 Definitions. In this chapter: "act" or "doing of an...

806-2 Inapplicable to district courts. - §806-2 Inapplicable to district courts. Notwithstanding any provision of this...

806-6 Use of; furnishing of copy. - §806-6 Use of; furnishing of copy. In all cases of...

806-7 Preparation of indictment, complaint, or information; true bill by grand jury. - §806-7 Preparation of indictment, complaint, or information; true bill by...

806-8 Prosecution where indictment not essential. - §806-8 Prosecution where indictment not essential. In criminal cases brought...

806-9 Information, laws applicable. - §806-9 Information, laws applicable. All provisions of law applying to...

806-10 Form. - §806-10 Form. The indictment may be substantially in the following...

806-11 Disposal of firearms. - §806-11 Disposal of firearms. (a) At the time of arraignment,...

806-16 Venue; how stated. - §806-16 Venue; how stated. It shall not be necessary to...

806-17 Circuits constitute district for criminal trial by jury. - §806-17 Circuits constitute district for criminal trial by jury. The...

806-18 Change of venue. - §806-18 Change of venue. It shall be lawful for any...

806-21 Joinder of defendants; accessories, receivers. - Rules of Court Joinder of offenses and defendants, see HRPP...

806-22 Joinder of charges against defendant. - §806-22 Joinder of charges against defendant. When there are several...

806-23 Misjoinder. - §806-23 Misjoinder. No indictment shall be quashed, set aside, or...

806-26 Meaning of words and phrases. - §806-26 Meaning of words and phrases. The words and phrases...

806-27 Indictment; defects and omissions. - §806-27 Indictment; defects and omissions. No indictment shall be held...

806-28 Characterization of the act. - §806-28 Characterization of the act. The indictment need not allege...

806-29 Exceptions need not be negatived. - §806-29 Exceptions need not be negatived. No indictment for any...

806-30 Alternative allegations. - §806-30 Alternative allegations. In an indictment for an offense which...

806-31 Indirect allegations. - §806-31 Indirect allegations. No indictment or bill of particulars is...

806-32 Repugnancy. - §806-32 Repugnancy. No indictment is invalid by reason of any...

806-33 Surplusage. - §806-33 Surplusage. Any unnecessary allegation contained in an indictment may...

806-34 Sufficiency of averments as to offense and transaction. - §806-34 Sufficiency of averments as to offense and transaction. In...

806-35 Property owned by more than one. - §806-35 Property owned by more than one. In any indictment...

806-36 Property owned by corporation. - §806-36 Property owned by corporation. All property, real and personal,...

806-37 Money, etc., how described. - §806-37 Money, etc., how described. In every indictment whatsoever in...

806-38 Instrument, how described. - §806-38 Instrument, how described. In any indictment for forging, altering,...

806-39 Same. - §806-39 Same. In all other cases whenever it is necessary...

806-40 Document of title. - §806-40 Document of title. In any indictment for stealing or...

806-41 Ownership, not necessary to allege when. - §806-41 Ownership, not necessary to allege when. In any indictment...

806-42 Second offense. - §806-42 Second offense. In any indictment for any offense committed...

806-46 Objections to indictment. - §806-46 Objections to indictment. Every objection to any indictment for...

806-47 Bill of particulars. - §806-47 Bill of particulars. If the court is of the...

806-48 Postponement. - §806-48 Postponement. No person prosecuted shall be entitled as of...

806-49 Arraignment; plea of not guilty. - §806-49 Arraignment; plea of not guilty. If any person being...

806-50 Standing mute. - §806-50 Standing mute. If any person being arraigned upon or...

806-51 Plea of autrefois convict or acquit. - §806-51 Plea of autrefois convict or acquit. In any plea...

806-56 Nolle prosequi. - §806-56 Nolle prosequi. No nolle prosequi shall be entered in...

806-60 Jury of twelve required. - §806-60 Jury of twelve required. Any defendant charged with a...

806-61 Waiver of jury. - §806-61 Waiver of jury. The defendant in any criminal case...

806-62 Trial; order of proof and argument. - §806-62 Trial; order of proof and argument. The prosecuting attorney...

806-63 Defense. - §806-63 Defense. All persons tried for any offense shall be...

806-64 REPEALED. - §806-64 REPEALED. L 1980, c 164, §14.

806-65 Depositions, right to inspect. - §806-65 Depositions, right to inspect. All persons under trial shall...

806-66 REPEALED. - §806-66 REPEALED. L 1980, c 164, §15.

806-71 Sentence. - §806-71 Sentence. Except as otherwise provided by law, in all...

806-72 Probation officers. - §806-72 Probation officers. Any probation officer assigned to the courts...

806-73 Duties and powers of probation officers; adult probation records - §806-73 Duties and powers of probation officers; adult probation records....

806-76 Court proceedings; reports to county clerk. - §806-76 Court proceedings; reports to county clerk. Whenever in any...

806-81 Definitions. - §806-81 Definitions. In this part, unless a different meaning is...

806-82 Prosecution of felonies by written information. - §806-82 Prosecution of felonies by written information. Criminal charges may...

806-83 Felonies for which criminal charges may be instituted by written information. - §806-83 Felonies for which criminal charges may be instituted by...

806-84 Exhibits. - §806-84 Exhibits. (a) When an offense is prosecuted by information,...

806-85 Probable cause. - §806-85 Probable cause. (a) When an information is filed, the...

806-86 Procedure for motion to dismiss. - §806-86 Procedure for motion to dismiss. (a) The defendant may...

806-87 Evidence at hearing on motion to dismiss. - §806-87 Evidence at hearing on motion to dismiss. (a) The...

806-88 Ruling on motion to dismiss. - §806-88 Ruling on motion to dismiss. (a) The court shall...

806D. Criminal Process Records

806D-1 Definitions. - §806D-1 Definitions. Whenever used in this chapter, unless otherwise apparent...

806D-2 Production of records. - §806D-2 Production of records. (a) This section shall apply to...

806D-3 Authenticity of records; verification; affidavit, declaration, or certification. - §806D-3 Authenticity of records; verification; affidavit, declaration, or certification. (a)...

806D-4 Service of process issued by or in another state. - §806D-4 Service of process issued by or in another state....

806D-5 Recipients' immunity from liability. - §806D-5 Recipients' immunity from liability. A recipient of criminal process...

806D-6 Issuance of criminal process. - §806D-6 Issuance of criminal process. A judge of the district...

831. Uniform Act on Status of Convicted Persons

831-1 Definition. - §831-1 Definition. In this chapter, "felony" means an offense that...

831-2 Rights lost. - §831-2 Rights lost. (a) A person sentenced for a felony,...

831-3 Rights retained by convicted person. - §831-3 Rights retained by convicted person. Except as otherwise provided...

831-3.1 Prior convictions; criminal records; noncriminal standards. - §831-3.1 Prior convictions; criminal records; noncriminal standards. (a) A person...

831-3.2 Expungement orders. - §831-3.2 Expungement orders. (a) The attorney general, or the attorney...

831-4 Saving provisions. - §831-4 Saving provisions. (a) This chapter does not affect the...

831-5 Certificate of discharge. - §831-5 Certificate of discharge. (a) If the sentence was in...

831-6 Uniformity of interpretation. - §831-6 Uniformity of interpretation. This chapter shall be so construed...

831-7 Short title. - §831-7 Short title. This chapter may be cited as the...

832. Uniform Criminal Extradition Act

832-1 Definitions. - §832-1 Definitions. Where appearing in this chapter, the term "governor"...

832-2 Fugitives from justice; duty of governor. - §832-2 Fugitives from justice; duty of governor. Subject to this...

832-3 Form of demand. - §832-3 Form of demand. No demand for the extradition of...

832-4 Governor may investigate case. - §832-4 Governor may investigate case. When a demand is made...

832-5 Extradition of persons imprisoned or awaiting trial in any state or who have left the demanding state under compulsion. - §832-5 Extradition of persons imprisoned or awaiting trial in any...

832-6 Extradition of persons not present in demanding state at time of commission of crime. - §832-6 Extradition of persons not present in demanding state at...

832-7 Issue of governor's warrant of arrest; its recitals. - §832-7 Issue of governor's warrant of arrest; its recitals. If...

832-8 Manner and place of execution. - §832-8 Manner and place of execution. The warrant shall authorize...

832-9 Authority of arresting officer. - §832-9 Authority of arresting officer. Every such peace officer or...

832-10 Rights of accused person; application for writ of habeas corpus. - §832-10 Rights of accused person; application for writ of habeas...

832-11 Penalty. - §832-11 Penalty. Any officer who delivers to the agent for...

832-12 Confinement in jail when necessary. - §832-12 Confinement in jail when necessary. The officer or persons...

832-13 Arrest prior to requisition. - §832-13 Arrest prior to requisition. Whenever any person within this...

832-14 Arrest without a warrant. - §832-14 Arrest without a warrant. The arrest of a person...

832-15 Commitment to await requisition; bail. - §832-15 Commitment to await requisition; bail. If from the examination...

832-16 Bail; in what cases; conditions of bond. - §832-16 Bail; in what cases; conditions of bond. Unless the...

832-17 Extension of time of commitment; adjournment. - §832-17 Extension of time of commitment; adjournment. If the accused...

832-18 Forfeiture of bail. - §832-18 Forfeiture of bail. If the prisoner is admitted to...

832-19 Persons under criminal prosecution in this State at time of requisition. - §832-19 Persons under criminal prosecution in this State at time...

832-20 Guilt or innocence of accused, when inquired into. - §832-20 Guilt or innocence of accused, when inquired into. The...

832-21 Governor may recall warrant or issue alias. - §832-21 Governor may recall warrant or issue alias. The governor...

832-22 Fugitives from this State; duty of governor. - §832-22 Fugitives from this State; duty of governor. Whenever the...

832-23 Application for issuance of requisition; by whom made; contents. - §832-23 Application for issuance of requisition; by whom made; contents....

832-24 Immunity from service of process in certain civil actions. - §832-24 Immunity from service of process in certain civil actions....

832-25 Written waiver of extradition proceedings. - §832-25 Written waiver of extradition proceedings. (a) Any person arrested...

832-26 Nonwaiver by this State. - §832-26 Nonwaiver by this State. Nothing in this chapter shall...

832-27 No right of asylum; no immunity from other criminal prosecutions while in this State. - §832-27 No right of asylum; no immunity from other criminal...

833. Uniform Rendition of Accused Persons Act

833-1 Arrest of accused person illegally in State. - §833-1 Arrest of accused person illegally in State. (a) If...

833-2 Hearing and right to counsel. - §833-2 Hearing and right to counsel. (a) The person whose...

833-3 Order of return to demanding court. - §833-3 Order of return to demanding court. The prosecuting attorney...

833-4 Costs and attorney fees. - §833-4 Costs and attorney fees. All costs shall be paid...

833-5 Uniformity of interpretation. - §833-5 Uniformity of interpretation. This chapter shall be so construed...

833-6 Short title. - §833-6 Short title. This chapter may be cited as the...

834. Agreement on Detainers

834-1 Agreement adopted. - §834-1 Agreement adopted. The Agreement on Detainers is hereby enacted...

834-2 Definition. - §834-2 Definition. The phrase "appropriate court" as used in the...

834-3 Cooperation by agencies. - §834-3 Cooperation by agencies. All courts, departments, agencies, officers, and...

834-4 Escape. - §834-4 Escape. Any person who escapes from lawful custody in...

834-5 Release of inmate. - §834-5 Release of inmate. The superintendent or other official in...

834-6 Administrator. - §834-6 Administrator. The lieutenant governor shall be the officer who...

835. Securing Attendance of Witness by Material Witness Order

835-1 Material witness order; defined. - §835-1 Material witness order; defined. A material witness order is...

835-2 Material witness order; when authorized; by what courts issuable; duration thereof. - §835-2 Material witness order; when authorized; by what courts issuable;...

835-3 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness. - §835-3 Material witness order; commencement of proceeding by application; procurement...

835-4 Material witness order; arraignment. - §835-4 Material witness order; arraignment. (a) When the prospective witness...

835-5 Material witness order; hearing, determination and execution of order. - §835-5 Material witness order; hearing, determination and execution of order....

835-6 Material witness order; vacation, modification and amendment thereof. - §835-6 Material witness order; vacation, modification and amendment thereof. (a)...

835-7 Material witness order; compelling attendance of witness who fails to appear. - §835-7 Material witness order; compelling attendance of witness who fails...

835-8 Material witness order; witness fee. - §835-8 Material witness order; witness fee. A witness held in...

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...

836-2 Summoning witness in this State to testify in another state. - §836-2 Summoning witness in this State to testify in another...

836-3 Witness from another state summoned to testify in this State. - §836-3 Witness from another state summoned to testify in this...

836-4 Exemption from arrest and service of process. - §836-4 Exemption from arrest and service of process. If a...

836-5 Uniformity of interpretation. - §836-5 Uniformity of interpretation. This chapter shall be so interpreted...

836-6 Short title. - §836-6 Short title. This chapter may be cited as "Uniform...

841. Inquests, Coroners

841-1 Who are coroners. - §841-1 Who are coroners. The chief of police or his...

841-2 Appointment of deputies. - §841-2 Appointment of deputies. The coroner may appoint as many...

841-3 Duties. - §841-3 Duties. [(a)] As soon as any coroner or deputy...

841-4 Testimony under oath reduced to writing. - §841-4 Testimony under oath reduced to writing. The testimony of...

841-5 Form of oath. - §841-5 Form of oath. The coroner or deputy coroner may...

841-6 Subpoenas; penalty for failure to comply. - §841-6 Subpoenas; penalty for failure to comply. [(a)] The coroner...

841-7 Reports of investigation. - §841-7 Reports of investigation. (a) The coroner or deputy coroner...

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...

841-9 Fees. - §841-9 Fees. Upon the application by other than governmental agencies...

841-10 Decent burial. - §841-10 Decent burial. When any coroner or deputy coroner takes...

841-11 Witness fees and mileage; expenses. - §841-11 Witness fees and mileage; expenses. Every witness attending upon...

841-12 Removal of corpse. - §841-12 Removal of corpse. [(a)] No corpse or remains of...

841-13 Disposition of personal effects. - §841-13 Disposition of personal effects. The clothing and personal property...

841-14 Autopsies and further investigations. - §841-14 Autopsies and further investigations. [(a)] If, in the opinion...

841-14.5 Performance of autopsy by pathologist. - §841-14.5 Performance of autopsy by pathologist. An autopsy of a...

841-14.6 Assistance among counties. - §841-14.6 Assistance among counties. (a) When a coroner of a...

841-15 Notice to next of kin, expense. - §841-15 Notice to next of kin, expense. The coroner called...

841-16 Disposal of decomposed remains. - §841-16 Disposal of decomposed remains. The coroner's physician may order...

841-17 Hospital records. - §841-17 Hospital records. The chief of police of the city...

841-18 Coroner's physician; laboratory facilities. - §841-18 Coroner's physician; laboratory facilities. The medical examiner or any...

841-19 Notification of this chapter. - §841-19 Notification of this chapter. A copy of this chapter...

842. Organized Crime

842-1 Definitions. - §842-1 Definitions. As used in this chapter: "Enterprise" includes any...

842-2 Ownership or operation of business by certain persons prohibited. - §842-2 Ownership or operation of business by certain persons prohibited....

842-3 Penalty; forfeiture of property. - §842-3 Penalty; forfeiture of property. Any person who violates this...

842-4 Prohibited affirmative defense. - §842-4 Prohibited affirmative defense. The affirmative defense of being a...

842-5 Forfeiture of corporate charters and cancellation of registrations and licenses. - §842-5 Forfeiture of corporate charters and cancellation of registrations and...

842-6 Enjoining other business operations. - §842-6 Enjoining other business operations. The attorney general may institute...

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...

842-8 Civil remedies. - §842-8 Civil remedies. (a) The circuit courts of the State...

842-9 Evidence. - §842-9 Evidence. In any proceeding ancillary to or in any...

842-10 Civil investigative demand. - §842-10 Civil investigative demand. (a) Whenever the attorney general has...

842-11 Failure to report income; penalty. - §842-11 Failure to report income; penalty. Any law to the...

842-12 Inspection of tax records by chiefs of police. - §842-12 Inspection of tax records by chiefs of police. The...

843. Hawaii Criminal Justice Commission--Repealed - REPEALED. L 1989, c 332, §2. Cross References For present...

844. State Law Enforcement Planning Agency--Repealed - REPEALED. L 1988, c 71, §3. Cross References Criminal and...

844D. Forensic Identification

844D-1 Definitions. - §844D-1 Definitions. In this chapter, unless a different meaning is...

844D-2 Administration. - §844D-2 Administration. The department shall be responsible for the management...

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...

844D-22 Analysis and examination of specimens for identification purposes. - §844D-22 Analysis and examination of specimens for identification purposes. (a)...

844D-23 Repository of samples and records - §844D-23 Repository of samples and records. (a) The department may...

844D-24 Sexual assault evidence; reporting. - §844D-24 Sexual assault evidence; reporting. (a) By September 1, 2016,...

844D-31 Offenders subject to collection. - §844D-31 Offenders subject to collection. (a) Any person, except for...

844D-32 Application to all qualifying persons. - §844D-32 Application to all qualifying persons. (a) The provisions of...

844D-33 Notification by prosecutor and inquiry by court. - §844D-33 Notification by prosecutor and inquiry by court. (a) If...

844D-34 Collection from persons confined or in custody after conviction or adjudication. - §844D-34 Collection from persons confined or in custody after conviction...

844D-35 Collection from persons on probation, parole, or other release. - §844D-35 Collection from persons on probation, parole, or other release....

844D-36 Collection from parole violators and others returned to custody. - §844D-36 Collection from parole violators and others returned to custody....

844D-37 Collection from persons accepted into Hawaii from other jurisdictions. - §844D-37 Collection from persons accepted into Hawaii from other jurisdictions....

844D-38 Collection of replacement specimen found spoiled or unusable. - §844D-38 Collection of replacement specimen found spoiled or unusable. Whenever...

844D-39 Collection of specimen from sex offense registrants. - §844D-39 Collection of specimen from sex offense registrants. (a) If...

844D-40 Collection of specimens from persons required to register under chapter 846E who have not yet provided samples. - §844D-40 Collection of specimens from persons required to register under...

844D-41 Retroactive application. - §844D-41 Retroactive application. Sections 844D-31, 844D-33, and 844D-34 to 844D-37...

844D-51 Analysis of crime scene samples. - §844D-51 Analysis of crime scene samples. The following entities are...

844D-52 Anonymous analysis of specimens and samples. - §844D-52 Anonymous analysis of specimens and samples. Laboratories, including law...

844D-53 Analysis of forensic identification profiles. - §844D-53 Analysis of forensic identification profiles. A biological sample obtained...

844D-54 Laboratories contributing DNA profiles to be accredited. - §844D-54 Laboratories contributing DNA profiles to be accredited. All laboratories...

844D-55 Other law enforcement DNA laboratories. - §844D-55 Other law enforcement DNA laboratories. Nothing in this chapter...

844D-56 Limitations not cause for dismissal. - §844D-56 Limitations not cause for dismissal. The limitation on the...

844D-57 No invalidation based on erroneous placement or retention of specimens, samples, or print impressions. - §844D-57 No invalidation based on erroneous placement or retention of...

844D-61 Blood specimens, buccal swab samples, and print impressions shall be forwarded promptly to the department. - §844D-61 Blood specimens, buccal swab samples, and print impressions shall...

844D-62 Procedures for the collection and forwarding of samples. - §844D-62 Procedures for the collection and forwarding of samples. (a)...

844D-63 Limitations on civil and criminal liability. - §844D-63 Limitations on civil and criminal liability. (a) Persons authorized...

844D-64 Processing of offender specimens. - §844D-64 Processing of offender specimens. (a) To ensure expeditious and...

844D-71 Expungement of DNA information from state DNA database and data bank identification program - §844D-71 Expungement of DNA information from state DNA database and...

844D-72 Destruction of samples and expungement of searchable DNA database profile. - §844D-72 Destruction of samples and expungement of searchable DNA database...

844D-73 No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions. - §844D-73 No authorization to relieve a person of administrative duty...

844D-74 Not a basis for invalidation of identification or suppression of identification evidence. - §844D-74 Not a basis for invalidation of identification or suppression...

844D-81 Exemption of specimen from disclosure. - §844D-81 Exemption of specimen from disclosure. (a) All DNA and...

844D-82 Confidentiality - §844D-82 Confidentiality. (a) Non-DNA forensic identification information may be filed...

844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes. - §844D-83 Knowing use or disclosure by department employee of forensic...

844D-84 When disclosure is not a violation. - §844D-84 When disclosure is not a violation. (a) It is...

844D-85 Confidentiality of computer software and database structures. - §844D-85 Confidentiality of computer software and database structures. To maintain...

844D-91 Department permitted to share data, information, and samples. - §844D-91 Department permitted to share data, information, and samples. (a)...

844D-92 Local DNA laboratories. - §844D-92 Local DNA laboratories. Any local DNA laboratory that produces...

844D-93 Disposal of unused and expired specimens. - §844D-93 Disposal of unused and expired specimens. The department is...

844D-101 Law enforcement officer powers under other laws not affected. - §844D-101 Law enforcement officer powers under other laws not affected....

844D-102 Authority under other laws not affected. - §844D-102 Authority under other laws not affected. (a) Nothing in...

844D-111 Refusal or failure to provide specimen for forensic identification. - §844D-111 Refusal or failure to provide specimen for forensic identification....

844D-112 Fraudulent use or manipulation of biometric sample or information. - §844D-112 Fraudulent use or manipulation of biometric sample or information....

844D-113 Unauthorized disclosure of DNA sample or profile. - §844D-113 Unauthorized disclosure of DNA sample or profile. (a) A...

844D-114 Use of DNA sample or profile for financial gain. - §844D-114 Use of DNA sample or profile for financial gain....

844D-121 Petition for post-conviction DNA testing. - §844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law...

844D-122 Proceedings. - §844D-122 Proceedings. The court shall order the prosecuting attorney to...

844D-123 Order for post-conviction DNA testing. - §844D-123 Order for post-conviction DNA testing. (a) The court shall...

844D-124 Counsel. - §844D-124 Counsel. (a) The court may, at any time during...

844D-125 Discovery. - §844D-125 Discovery. (a) At any time after a petition has...

844D-126 Retention of biological evidence. - §844D-126 Retention of biological evidence. (a) All evidence in the...

844D-127 Choice of laboratory. - §844D-127 Choice of laboratory. When the court grants a motion...

844D-128 Payment. - §844D-128 Payment. Analysis ordered pursuant to section 844D-123(a) shall be...

844D-129 Appeal. - §844D-129 Appeal. In accordance with applicable rules of court, the...

844D-130 Successive motions. - §844D-130 Successive motions. (a) If the defendant has filed a...

844D-131 Additional orders. - §844D-131 Additional orders. (a) The court may in its discretion...

844D-132 Procedure after testing results are obtained. - §844D-132 Procedure after testing results are obtained. (a) If the...

844D-133 Consent. - §844D-133 Consent. Nothing in this part shall be interpreted to...

845. Career Criminals

845-1 Findings and purpose. - §845-1 Findings and purpose. The legislature finds that a substantial...

845-2 Career criminal prosecution program. - §845-2 Career criminal prosecution program. (a) There shall be established...

845-3 Persons subject to career criminal prosecution efforts. - §845-3 Persons subject to career criminal prosecution efforts. (a) An...

846. Hawaii Criminal Justice Data Center; Civil Identification

846-1 Definitions. - Note Part heading added by L 1983, c 78, §3(2)....

846-1.5 REPEALED. - §846-1.5 REPEALED. L 1985, c 165, §1.

846-2 Establishment of the Hawaii criminal justice data center. - §846-2 Establishment of the Hawaii criminal justice data center. There...

846-2.5 Purpose of the criminal justice data center. - §846-2.5 Purpose of the criminal justice data center. (a) The...

846-2.6 Computerized fingerprint identification system. - §846-2.6 Computerized fingerprint identification system. There is established within the...

846-2.7 Criminal history record checks. - §846-2.7 Criminal history record checks. (a) The agencies and other...

846-3 Reporting to data center. - §846-3 Reporting to data center. The chiefs of the police...

846-4 Query of data center. - §846-4 Query of data center. Criminal justice agencies shall query...

846-5 Reporting of dispositions. - §846-5 Reporting of dispositions. It shall be the responsibility of...

846-6 Systematic audit. - §846-6 Systematic audit. All criminal justice agencies shall institute a...

846-7 Security. - §846-7 Security. Wherever criminal history record information is collected, stored,...

846-8 Exclusions. - §846-8 Exclusions. This chapter shall not apply to criminal history...

846-9 Limitations on dissemination. - §846-9 Limitations on dissemination. Dissemination of nonconviction data shall be...

846-10 Dissemination. - §846-10 Dissemination. Criminal history record information may be disseminated to:...

846-10.5 Fees. - §846-10.5 Fees. (a) Except for services provided to criminal justice...

846-10.6 Criminal history record improvement revolving fund; established. - §846-10.6 Criminal history record improvement revolving fund; established. There is...

846-11 Coordination with department of public safety. - §846-11 Coordination with department of public safety. The data center...

846-12 Juvenile records. - §846-12 Juvenile records. Dissemination and disposition of records concerning proceedings...

846-13 Annual audits. - §846-13 Annual audits. The attorney general shall conduct annual audits...

846-14 Access and review. - §846-14 Access and review. Any individual who asserts that the...

846-15 Rules and regulations. - §846-15 Rules and regulations. The attorney general shall adopt rules...

846-16 Violations. - §846-16 Violations. Any person who knowingly permits unauthorized access to...

846-17 Administration of National Crime Prevention and Privacy Compact. - §846-17 Administration of National Crime Prevention and Privacy Compact. (a)...

846-18 Statistical crime reporting responsibility of county chiefs of police and state and county agencies. - §846-18 Statistical crime reporting responsibility of county chiefs of police...

846-21 to 846-38 REPEALED. - § §846-21 to 846-38 REPEALED. L 1988, c 183, §9;...

846-41 to 846-45 REPEALED. - § §846-41 to 846-45 REPEALED. L 2003, c 95, §18.

846-51 Definitions. - §846-51 Definitions. As used in this part, the following terms...

846-52 Responsibility for system. - §846-52 Responsibility for system. (a) The department of the attorney...

846-53 Responsibility of agencies. - §846-53 Responsibility of agencies. Agencies that have investigative, detention, custodial,...

846-54 Annual reports. - §846-54 Annual reports. The attorney general shall summarize and analyze...

846C. National Crime Prevention and Privacy Compact

846C-1 Compact. - §846C-1 Compact. The National Crime Prevention and Privacy Compact as...

846D. Juvenile Justice Information System

846D-1 Responsibility for system. - §846D-1 Responsibility for system. (a) The department of the attorney...

846D-2 Juvenile justice information committee. - §846D-2 Juvenile justice information committee. There is established within the...

846D-3 Responsibility of agencies. - §846D-3 Responsibility of agencies. Agencies that have investigative, detention, custodial,...

846D-4 Limitations on dissemination. - §846D-4 Limitations on dissemination. Dissemination of information from the juvenile...

846D-5 Responsibility of agencies. - §846D-5 Responsibility of agencies. Any agency that has access to...

846D-6 Additional dissemination. - §846D-6 Additional dissemination. Information from the juvenile justice information system...

846D-7 Penalty. - §846D-7 Penalty. Any person who knowingly permits the dissemination of...

846E. Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information

846E-1 Definitions. - §846E-1 Definitions. As used in this chapter, unless the context...

846E-2 Registration requirements. - §846E-2 Registration requirements. (a) A covered offender shall register with...

846E-3 Access to registration information. - §846E-3 Access to registration information. (a) Registration information shall be...

846E-4 Duties upon discharge, parole, or release of covered offender. - §846E-4 Duties upon discharge, parole, or release of covered offender....

846E-5 Periodic verification of registration information. - §846E-5 Periodic verification of registration information. (a) For the covered...

846E-6 Requirement to register a change of registration information; verification by the attorney general. - §846E-6 Requirement to register a change of registration information; verification...

846E-7 Notification by the attorney general of changes in registration information. - §846E-7 Notification by the attorney general of changes in registration...

846E-8 Good faith immunity. - §846E-8 Good faith immunity. Law enforcement agencies, employees of law...

846E-9 Failure to comply with covered offender registration requirements. - §846E-9 Failure to comply with covered offender registration requirements. (a)...

846E-10 Termination of registration requirements. - §846E-10 Termination of registration requirements. (a) Tier 3 offenses. A...

846E-11 REPEALED. - §846E-11 REPEALED. L 2008, c 80, §10.

846E-12 Tolling. - §846E-12 Tolling. The time periods provided for in this chapter...

846E-13 REPEALED. - §846E-13 REPEALED. L 2008, c 80, §11.

846F. Internet Crimes Against Children

846F-1 Short title. - §846F-1 Short title. This chapter shall be known as and...

846F-2 Definitions. - §846F-2 Definitions. As used in this chapter, unless the context...

846F-3 Internet crimes against children fee. - §846F-3 Internet crimes against children fee. (a) The court shall...

846F-4 Internet crimes against children special fund; established. - §846F-4 Internet crimes against children special fund; established. (a) There...

851. Credit Card Offenses--Repealed - REPEALED. L 1986, c 314, §77. Cross References For present...

852. Obstruction of Ingress or Egress

852-1 Refusal to provide ingress or egress. - §852-1 Refusal to provide ingress or egress. (a) Whenever ingress...

852-2 Penalty. - §852-2 Penalty. Any person who refuses or wilfully fails to...

853. Criminal Procedure: Deferred Acceptance of Guilty Plea, Nolo Contendere Plea

853-1 Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records. - §853-1 Deferred acceptance of guilty plea or nolo contendere plea;...

853-2 Plea of guilty or nolo contendere; procedure. - §853-2 Plea of guilty or nolo contendere; procedure. Upon motion...

853-3 Violation of terms and conditions during deferment; result. - §853-3 Violation of terms and conditions during deferment; result. Upon...

853-4 Chapter not applicable; when. - §853-4 Chapter not applicable; when. (a) This chapter shall not...

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Hawaii Revised Statutes Title 38. Procedural and Supplementary Provisions

Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions