(a) This chapter shall not apply when:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony20 years to lifeup to $50,000
misdemeanorup to 1 year$2,000
petty misdemeanorup to 30 daysup to $1,000
For details, see Haw. Rev. Stat. § 706-659 and Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 853-4 v2

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person;
(2) The offense charged is:

(A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or
(B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person;

provided that the prohibition in this paragraph shall not apply to offenses described in section 709-906(18);

(3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person;
(4) The offense charged is a class A felony;
(5) The offense charged is nonprobationable;
(6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony;
(7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony;
(8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction;
(9) A firearm was used in the commission of the offense charged;
(10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor;
(11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired;
(12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired;
(13) The offense charged is:

(A) Escape in the first degree;
(B) Escape in the second degree;
(C) Promoting prison contraband in the first degree;
(D) Promoting prison contraband in the second degree;
(E) Bail jumping in the first degree;
(F) Bail jumping in the second degree;
(G) Bribery;
(H) Bribery of or by a witness;
(I) Intimidating a witness;
(J) Bribery of or by a juror;
(K) Intimidating a juror;
(L) Jury tampering;
(M) Promoting prostitution;
(N) Abuse of family or household member except as provided in paragraph (2) and section 709-906(18);
(O) Sexual assault in the second degree;
(P) Sexual assault in the third degree;
(Q) A violation of an order issued pursuant to chapter 586;
(R) Promoting child abuse in the second degree;
(S) Promoting child abuse in the third degree;
(T) Electronic enticement of a child in the first degree;
(U) Electronic enticement of a child in the second degree;
(V) Commercial sexual exploitation pursuant to section 712-1200.5;
(W) Street prostitution and commercial sexual exploitation under section 712-1207(1)(b) or (2)(b);
(X) Commercial sexual exploitation near schools or public parks under § 712-1209;
(Y) Commercial sexual exploitation of a minor under section 712-1209.1;
(Z) Habitual commercial sexual exploitation under section 712-1209.5;
(AA) Violation of privacy in the first degree under section 711-1110.9;
(BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h);
(CC) Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a);
(DD) Promoting gambling in the first degree; or
(EE) Promoting gambling in the second degree;
(14) The defendant has been charged with:

(A) Knowingly or intentionally falsifying any report required under part XIII of chapter 11, with the intent to circumvent the law or deceive the campaign spending commission; or
(B) Violating § 11-352 or 11-353; or
(15) The defendant holds a commercial driver’s license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle.
(b) The court may adopt by rule other criteria for purposes of this section.

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