Hawaii · 2026 Regular Session
Amends bail and peace bond forfeiture rules to predicate forfeiture on whether bail providers performed and continue to perform their duties with reasonable diligence. Clarifies when bail providers may discharge their duties. Specifies the factors that courts shall consider in determining if bail providers are performing their duties with reasonable diligence or are negligent and should be subject to forfeiture. Requires courts to hold a hearing to order a forfeiture. Extends the deadline to file motions to set aside forfeitures. Clarifies that courts may extend, waive, or modify any procedural deadlines in forfeiture proceedings. Species that bail providers are not in privity with defendants, and therefore not barred res judicata from filing certain motions.
Referred to PSM, JDC. (2026-01-26)