§804-3 Bailable offenses. (a) For
purposes of this section, "serious crime" means murder or attempted
murder in the first degree, murder or attempted murder in the second degree, or
a class A or B felony, except forgery in the first degree and failing to render
aid under section 291C-12, and "bail" includes release on one's own
recognizance, supervised release, and conditional release.
(b) Any person charged with a criminal offense
shall be bailable by sufficient sureties; provided that bail may be denied
where the charge is for a serious crime, and:
(1) There is a serious risk that the person will
flee;
(2) There is a serious risk that the person will
obstruct or attempt to obstruct justice, or therefore, injure, or intimidate,
or attempt to thereafter, injure, or intimidate, a prospective witness or
juror;
(3) There is a serious risk that the person poses a
danger to any person or the community; or
(4) There is a serious risk that the person will
engage in illegal activity.
(c) Under subsection (b)(1) a rebuttable
presumption arises that there is a serious risk that the person will flee or
will not appear as directed by the court where the person is charged with a
criminal offense punishable by imprisonment for life without possibility of
parole. For purposes of subsection (b)(3) and (4) a rebuttable presumption
arises that the person poses a serious danger to any person or community or
will engage in illegal activity where the court determines that:
(1) The defendant has been previously convicted of a
serious crime involving violence against a person within the ten-year period
preceding the date of the charge against the defendant;
(2) The defendant is already on bail on a felony
charge involving violence against a person; or
(3) The defendant is on probation or parole for a
serious crime involving violence to a person.
(d) If, after a hearing the court finds that
no condition or combination of conditions will reasonably assure the appearance
of the person when required or the safety of any other person or community,
bail may be denied. [L 1892, c 32, §1; RL 1925, §3978; RL 1935, §5432; RL 1945,
§10733; RL 1955, §256-3; am L 1957, c 282, §7; HRS §709-3; ren L 1972, c 9, pt
of §1; am L 1980, c 242, §2; am L 1981, c 97, §1; am L 1985, c 166, §1; am L
1987, c 139, §5]
Cross References
See Const. art. I, §12.
Rules of Court
Bail; bond, see HRPP rule 46.
Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai‘i. 24 UH
L. Rev. 63 (2001).
Case Notes
Bail hearing: Burden of proof, nature and quantum of proof,
hearing procedure, in camera proceedings. 52 H. 463, 478 P.2d 840 (1970).
Bail hearing: In these proceedings, label given to type of
evidence not controlling and whether particular evidence may be considered must
be determined on case by case basis; hearsay might be sufficient. 52 H. 573,
482 P.2d 153 (1971).
Test contained in last phrase is met when circumstances
indicate a fair likelihood that the accused is in danger of a jury verdict of
an offense punishable for life not subject to parole. 56 H. 447, 539 P.2d 1197
(1975).
Provision prohibiting bail for defendant already on bail on a
felony charge held unconstitutional. 64 H. 527, 644 P.2d 968 (1982).
Notes of Decisions
Cited in
19
cases (
5 in the last 5 years), 1982–2026 · leading case:
Huihui v. Shimoda, 644 P.2d 968 (Haw. 1982).
Huihui v. Shimoda, 644 P.2d 968 (Haw. 1982).
· cites it 24× “HRS § 804-3 (Supp. 1981), in its entirety, provides as follows: Bailable offenses, (a) For purposes of this section, “serious crime” means a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, and “bail” includes release on…”
State v. Cullen, 946 P.2d 955 (Haw. 1997).
· cites it 5× “Cullen’s request for bail pending appeal was also subject to HRS §§ 804-3 and 804-4 (1993), which are set out below.”
State v. Akana, 706 P.2d 1300 (Haw. 1985).
· cites it 4× “The procedure I have suggested, of considering sentencing first and revocation second, would not, as a practical matter, pose any substantive practical difficulties since upon a guilty verdict, if the crime is a serious one, no bail would be allowable pending sentencing under…”
State v. Ortiz, 845 P.2d 547 (Haw. 1993).
· cites it 2× “If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right.”
State v. McElroy, 98 P.3d 250 (Haw. App. 2004).
· cites it 4× “HRS § 804-3 (1993) states, in relevant part, as follows: Bailable offenses.”
Loren Hamilton Fry v. State of Indiana, 990 N.E.2d 429 (Ind. 2013).
· cites it 2× “§ 17-6-1 (unqualified right to bail only in most misdemeanor cases); Haw. Rev. Stat. § 804-3 (excepting “serious crimes” when there is “serious risk” that defendant will flee, obstruct justice, endanger the community, or engage in illegal activity); N.”
Rustin Smith v. City & Cnty. of Honolulu, 887 F.3d 944 (9th Cir. 2018).
“See Haw. Rev. Stat. § 804-3 (a), (b). We do not need to construe Hawaii law on this issue, however, because Smith was not harmed by the exclusion of this instruction.”
State v. Fergerstrom, 101 P.3d 652 (Haw. App. 2004).
· cites it 2× “” This motion cited HRS §§ 804-3 and 804^1. On December 11, 2002, the court orally granted Fergerstrom’s motion for stay of sentence pending appeal and sentenced Fergerstrom as follows: Count I: Incarceration for one year; DETF 17 $7; administrative cost $20; Crime Victim…”
State v. Vaimili., 313 P.3d 698 (Haw. 2013).
· cites it 4× “Petitioner posted bond for Vaimili on July 23, 2009, pursuant to HRS § 804-3 (2008). 8 Vaimili was present for jury selection on June 21, 2010, however, he failed to appear in court on June 23, 2010.”
State v. Carter. (Haw. App. 2024).
· cites it 95× “6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
State v. Blas (Haw. App. 2026).
· cites it 90× “rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
State v. Avilla, 750 P.2d 78 (Haw. 1988).
· cites it 2× “1 As amended by section 8 of Act 139 (1987), HRS § 804-4 reads: If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right.”
— Haw. Rev. Stat. § 804-3(a) — 3 cases
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
— Haw. Rev. Stat. § 804-3(b) — 9 cases
Huihui v. Shimoda, 644 P.2d 968 (Haw. 1982).
“HRS § 804-3 (Supp. 1981), in its entirety, provides as follows: Bailable offenses, (a) For purposes of this section, “serious crime” means a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, and “bail” includes release on…”
State v. Vaimili., 313 P.3d 698 (Haw. 2013).
“Petitioner posted bond for Vaimili on July 23, 2009, pursuant to HRS § 804-3 (2008). 8 Vaimili was present for jury selection on June 21, 2010, however, he failed to appear in court on June 23, 2010.”
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
— Haw. Rev. Stat. § 804-3(b)(1) — 4 cases
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
— Haw. Rev. Stat. § 804-3(b)(2) — 1 case
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
— Haw. Rev. Stat. § 804-3(b)(3) — 3 cases
Huihui v. Shimoda, 644 P.2d 968 (Haw. 1982).
“HRS § 804-3 (Supp. 1981), in its entirety, provides as follows: Bailable offenses, (a) For purposes of this section, “serious crime” means a class A or B felony, except forgery in the first degree and failing to render aid under section 291C-12, and “bail” includes release on…”
— Haw. Rev. Stat. § 804-3(b)(4) — 2 cases
State v. Akana, 706 P.2d 1300 (Haw. 1985).
“The procedure I have suggested, of considering sentencing first and revocation second, would not, as a practical matter, pose any substantive practical difficulties since upon a guilty verdict, if the crime is a serious one, no bail would be allowable pending sentencing under…”
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
— Haw. Rev. Stat. § 804-3(b)(l) — 1 case
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
— Haw. Rev. Stat. § 804-3(c) — 3 cases
State v. Blas (Haw. App. 2026).
“rt's determinations that Geron "did not rebut the presumption that she present[ed] a serious risk" of "illegal activity" and that Geron posed a serious risk of obstruction of justice based on a first-degree hindering prosecution charge; and (3) in the Joint Order Denying…”
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
— Haw. Rev. Stat. § 804-3(d) — 2 cases
State v. Carter. (Haw. App. 2024).
“6 We hold that after making findings to support a denial of bail under subsections (b) and (d) of HRS § 804-3, the Circuit Court abused its discretion by electing to set cash bail of $3.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.