THE SENATE
S.B. NO.
1317
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CONTENTS OF CITATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) In any case in which it is lawful for a police officer to arrest a person without a warrant for a misdemeanor, petty misdemeanor[Underlined: ,] or violation, the police officer may, but need not, issue a citation in lieu of the requirements of [[Struck through: []]subsection[[Struck through: ]]] (a), if the police officer finds and is reasonably satisfied that [[Struck through: the person]]:
(1) [[Struck through: Will]] [Underlined: The person will] appear in court at the time designated;
(2) [[Struck through: Has]] [Underlined: The person has] no outstanding arrest warrants [[Struck through: which]] [Underlined: that] would justify the person's detention or give indication that the person might fail to appear in court; and
(3) [[Struck through: That the]] [Underlined: The] offense is of such nature that there will be no further police contact on or about the date in question[[Struck through: ,]] or in the immediate future.
(c) The citation shall contain:
(1) The name [[Struck through: and current address]] of the offender;
[Underlined: (2)] [Underlined: The current address of the offender, if available;]
[[Struck through: (2)]] [Underlined: (3)] The last four digits of the offender's social security number[[Struck through: ;]][Underlined: , if available;]
[Struck through: (3)]] [Underlined: (4)] A description of the offender;
[Struck through: (4)]] [Underlined: (5)] The nature of the offense;
[Struck through: (5)]] [Underlined: (6)] The time and date of the offense;
[Struck through: (6)]] [Underlined: (7)] A notice of time and date for court appearance;
[Struck through: (7)]] [Underlined: (8)] The signature and badge number of the officer;
[Struck through: (8)]] [Underlined: (9)] The signature of the offender agreeing to court appearance[[Struck through: ;]][Underlined: , unless the offender refuses, or is unable to sign;]
[Struck through: (9)]] [Underlined: (10)] Any remarks; and
[Struck through: (10)]] [Underlined: (11)] A notice directing the offender to appear at the time and place designated to stand trial for the offense indicated and a notice that failure to obey the citation may result in a fine or imprisonment, or both[[Struck through: .]][Underlined: ;]
[Underlined: provided that omission of any of the information listed in paragraphs (1) to (11) or any error in the citation shall not be a ground for dismissal of a charge or for reversal of a conviction if the omission or error did not prejudice the defendant.]"[Underlined: ]
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Citations; Misdemeanor; Petty Misdemeanor; Violation
Description:
Clarifies that the omission of certain information or any error in a citation does not constitute ground for dismissal of a charge or for reversal of a conviction, if the omission or error did not prejudice the defendant.
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