Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, March 23, 2023
Green Signs First Bills into Law
By News Release @ 2:48 AM :: 1998 Views :: Hawaii State Government, Judiciary, Law Enforcement, Life

GOV. GREEN SIGNS FIRST BILLS INTO LAW

Office of the Governor Press Release, Mar 22, 2023

HONOLULU, HI  ̶  Governor Josh Green, M.D. today signed into law, bills to resolutely codify conditions under which felony prosecutions can be initiated within the State of Hawai‘i, and to explicitly provide stronger, clearer protections for reproductive health care services, and increasing access to those services.

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 Hawai‘i 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 Hawai‘i 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 Gov. Green. Upon his signature today, SB36 became Act 1.

In addition to Gov. Green, at today’s bill signing ceremony, remarks were presented by Sen. Karl Rhoads, Chair of the Senate Committee on Judiciary, Rep. David Tarnas, Chair of the House Committee on Judiciary & Hawaiian Affairs, and City and County of Honolulu Prosecuting Attorney Steven Alm.

Senate Bill 1 (SB1) advances Hawai‘i’s long and proud civil rights history. Key aspects of new law are that it expands access to reproductive health care services in numerous ways; clarifies that the state will not deny or interfere with a pregnant person’s right to choose to terminate a pregnancy and protects Hawai‘i health care providers from punitive legal action from within or outside of the state relating to the provision of legally provided reproductive health care services. Additional protections, prohibitions and requirements are included.

“This is one of the most important issues of our time and as Hawai‘i’s physician-governor, I tell you absolutely that this goes beyond a complex social issue for political discussion. This is 100-percent about fundamental, practical health care for our people,” Gov. Green said. Upon his signature today, SB1 became Act 2.

In addition to Gov. Green, at today’s inaugural bill signing, remarks were made by Lt. Governor Sylvia Luke, Sen. Joy San Buenaventura, Chair of the Senate Committee on Health and Human Services and House Majority Leader, Rep. Nadine Nakamura. Both lawmakers are members of the Women’s Legislative Caucus.

Hawai‘i’s first civil rights protections against discrimination date back to pre-statehood days, when territorial lawmakers at the Constitutional Convention of 1950 first ratified what is now an article in the state Constitution: Art. I § 5 of the State Constitution states that “[n]o person . . . shall be denied the enjoyment of the person’s civil rights or be discriminated against in the exercise thereof because of race, religion, sex, or ancestry.”

Likewise, Hawai‘i was the first state to ratify the Equal Rights Amendment, to recognize a woman’s right to choose, and it also was the first state to seriously address the issue of same-sex marriage.

Abortion has again risen to the forefront since the 2022 U.S. Supreme Court (SCOTUS) Dobbs v. Jackson Woman’s Health Organization decision that overturned Roe v. Wade. “Roe” was a 1973 SCOTUS decision that decriminalized abortion and protected the right to access the procedure legally across the country.

Photos from the event are available here. Photo credit: Office of the Governor.

---30---

SA: New Hawaii laws protect abortion providers, restore ways of charging defendants

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT