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THE <br />TWENTY- LEGISLATURE, 2011 <br />STATE OF HAWAII <br />EXHIBIT A <br />A BILL FOR AN ACT <br />.B. NO. <br />RELATING TO THE DEFINITION OF INDIGENT AND PARTIALLY INDIGENT. <br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: <br />SECTION 1. Section 802 -4, Hawai`i Revised Statutes, is amended to read as follows: <br />" §802 -4 Determination of indigency. Lal Unless otherwise ordered by the court, the <br />determination of indigency shall be made by [ <br />court] an independent board, agency, or committee, or by judges not directly involved in <br />the case and shall be known as the verification officers. Such determination shall be based <br />upon an appropriate and thorough inquiry into the financial circumstances of the person seeking <br />legal representation and an affidavit or a certificate signed by such person demonstrating the <br />person's financial inability to obtain legal counsel. A person shall waive the person's right to <br />counsel by refusing to furnish any information pertinent to the determination of indigency. <br />Jj The definition of "indigent" shall be based on an objective determination of annual <br />income and other resources, and shall comply with the following: <br />a. For misdemeanor cases, criminal defendants must earn less than one <br />hundred twenty -five percent (125 %) of the Federal Poverty Guidelines in <br />order to qualify as indigent. <br />b. For felony cases, criminal defendants must earn less than one hundred fifty <br />percent (150 %) of the Federal Poverty Guidelines in order to qualify as <br />indigent. <br />Financial Standards for Determining Indigence. <br />Lll The financial standards set forth below shall be used to determine whether a <br />defendant is indigent and shall be applied equally to each defendant in the <br />county. In determining whether a defendant is indigent, the verification <br />officers may consider the defendant's income, assets, property owned, <br />