Hawaii Revised Statutes, Chapter 801 — Rights of Accused

Division 5. Crimes and Criminal Proceedings — Title 38. Procedural and Supplementary Provisions

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 2/11/2026 1:14 PM).

Division 5 Crimes and Criminal Proceedings

Title 38 Procedural and Supplementary Provisions

Chapter 801 Rights of Accused

§801-1 Indictment, complaint, or information

(a) No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon indictment, complaint, or information, except for offenses within the jurisdiction of a district court or in summary proceedings for contempt. For any felony offense to be tried and sentenced upon complaint, a finding of probable cause after a preliminary hearing, or a waiver of the probable cause determination at the preliminary hearing, shall be required.

(b) If initiation of a felony prosecution is sought via an indictment by a grand jury or a finding of probable cause after a preliminary hearing, and is denied, initiation of a felony prosecution for the same offense using the same or an available alternative charging method or by seeking a different judge or jury shall not be permitted unless:

(1) Additional material evidence is presented;

(2) The initial hearing was before a grand jury and there is a subsequent finding of grand jury misconduct or grand jury counsel misconduct; or

(3) A court, upon application of the prosecutor, finds good cause to allow a subsequent presentation; provided that this paragraph shall not apply if prosecutors have previously sought a subsequent presentation for good cause.

[PC 1869, c 2, §2; RL 1925, §3931; RL 1935, §5352; RL 1945, §10684; RL 1955, §253-4; HRS §705-4; ren L 1972, c 9, pt of §1; am L 2023, c 1, §2]

§801-2 Witnesses; defense

In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross-examine those produced against him; and to be heard in his defense.

[PC 1869, c 2, §3; RL 1925, §3932; RL 1935, §5355; RL 1945, §10686; RL 1955, §253-6; HRS §705-6; ren L 1972, c 9, pt of §1]

§801-3 Jury list, witnesses

Any person indicted for a crime punishable with imprisonment for life not subject to parole shall, on demand upon the clerk by the person or the person's counsel, have a list of the jurors returned delivered to the person, and shall also have process to summon such witnesses as are necessary for the person's defense.

[L 1876, c 40, §42; RL 1925, §4022; RL 1935, §5356; RL 1945, §10687; RL 1955, §253-7; am L 1957, c 282, §6; HRS §705-7; ren L 1972, c 9, pt of §1; gen ch 1993]

§801-4 Fees not payable by defendant

It shall not be lawful to take, demand, or receive any court fees for the issuing of any process for or on behalf of any person charged with, or indicted for, any felony or as accessory thereto, or with or for any misdemeanor in any court of criminal jurisdiction; nor shall it be lawful to take, demand, or receive any fees from any such person for taking any recognizance of bail, or issuing any writ of habeas corpus, or recording any appearance, or plea to any information, or for discharging any recognizance taken from any such person, or surety or sureties for them, but all costs may be ordered to be paid by the person charged and convicted as part of the judgment.

[L 1876, c 40, §35; RL 1925, §4027; RL 1935, §5360; RL 1945, §10688; RL 1955, §253-8; HRS §705-8; ren L 1972, c 9, pt of §1]

§801-5 Repealed

[Repealed]

[L 1976, c 131, §2]