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HomeMy WebLinkAboutCA-29 Prosecuting Attorney PowersPROPOSAL NO. ________ (For Commission Use Only) 2009-2010 HAWAI‘I COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member:______________________________________________ 2. If applicable, list the charter provision(s) to be deleted or amended: 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. See reverse side Form CA-1 Revised 4/2/09 1 of 2 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed]. Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA-1 Revised 4/2/09 2 of 2 CHARTER AMENDMENT NO. BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAI`I: Section 1. Article IX, section 9-3, Hawai'i County Charter, is amended to read as follows, with added language underscored and deleted language bracketed and stricken through: “Section 9-3. Powers, Duties and Functions. (a) The prosecuting attorney shall: [(a)](1) Attend all courts in the county and conduct on behalf of the people all prosecutions therein for offenses against the laws of the State and the ordinances and regulations of the county. [(b)](2) Prosecute offenses against the laws of the State under the authority of the attorney general of the State. [(c)](3) Appear in every criminal case where there is a change of venue from the courts in the county and prosecute the same in any jurisdiction to which the same is changed or removed. The expense of such proceeding shall be paid by the county. [(d)](4) Institute proceedings, or direct the chief of police to do so, before the district judges for the arrest of persons charged with or reasonably suspected of public offenses, when the prosecuting attorney has information that any such offenses have been committed, and for that purpose take charge of criminal cases before the district judges, either in person or by a deputy or by such other prosecuting officer as the prosecuting attorney shall designate. [(e)](5)Draw all indictments and attend before and give advice to the grand jury whenever cases are presented to it for its consideration. Nothing herein contained shall prevent the conduct of proceedings by private counsel before district judges or courts of record under the direction of the prosecuting attorney. [(f)](6)Investigate all matters which may properly come before the prosecuting attorney. (b) The prosecuting attorney may: (1) Research, evaluate, and make recommendations regarding crime, crime prevention, and the criminal justice system to the governor, the legislature, the judiciary, the council, the mayor, the Hawai'i police department and other criminal justice agencies, or the general public, as the prosecuting attorney deems appropriate. (2) Provide crime prevention training programs for law enforcement agencies, citizens, businesses, and civic groups. (3) Develop public education programs through various broadcast or print media, to provide the general public information that will assist citizens in developing the knowledge and confidence to prevent crime and to avoid being victims of crime. (4) Receive and expend financial grants, donations and other funds as permitted by the provisions of the revised charter, city ordinances and applicable city, state, and federal financial and budget policies for crime research, prevention, and education.” Section 2. This amendment shall take effect upon approval by the electorate.