Governor Josh Green Wednesday signed into law a bill to resolutely codify conditions under which felony prosecutions can be initiated within the State of Hawaii.
Senate Bill 36 (SB36) amends state law to allow county prosecutors to initiate felony cases by complaints following preliminary hearings and prohibits multiple attempts to initiate a felony prosecution for an offense, except in certain circumstances. The amendment to HRS Section 801-1 resolves an issue resulting from the Hawaii Supreme Court decision in State v. Obrero, in which the court ruled that HRS 801-1 did not permit initiation of felony criminal charges via preliminary hearing. The ruling came despite active use of the process for some 40 years.
A subsection of SB36 limits the prosecution to one attempt to charge a felony case via grand jury indictment or complaint following preliminary hearing unless certain conditions are met, including presentation of additional material evidence, there is evidence of misconduct by the grand jury or grand jury counsel, or if a court finds good cause to allow another attempt.
“The people of Hawaii want to feel safe in their homes and communities and have every right to expect government leaders to provide public safety. This legislation is a tool that will help our law enforcement officers and county prosecutors continue their work toward that goal,” said Green in a prepared statement.
“We are grateful to Governor Green and the Hawaii State Legislature for their swift action this legislative session in passing S.B. 36 as Act 1,” said Hawaii County Prosecutor Kelden Waltjen. “This important measure restores prosecutors’ authority to initiate felony prosecutions via complaint and preliminary hearing, a practice that had been in place in Hawaii for the last 40 years. The inability to initiate prosecution by way of complaint and preliminary hearings for the last six months frustrated, inconvenienced, and unjustly burdened not only police and prosecutors—but civilian witnesses, and more importantly, victims and their `ohana.”
Waltjen also expressed gratitude to Chief Judge Robert D.S. Kim and the Third Circuit Judiciary for their assistance in increasing the opportunities for grand jury sessions each month on Hawaii Island. Previously, the Kona Grand Jury only met once a month, however after the Supreme Court Decision, the frequency rose to once per week.
“With the return of preliminary hearings and increased grand jury presentation opportunities each month, Hawaii Island law enforcement will be able to better serve our community, support victims, and advance public safety,” said Waltjen.
