STAND. COM. REP. NO. 958

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 4
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred H.B. No. 4, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO POLICE ROADBLOCK PROGRAMS,"

begs leave to report as follows:

     The purpose of this measure is to clarify that a police
roadblock is not invalidated by a failure to comply with internal
police procedures that exceed the minimum statutory roadblock
requirements.

     Testimony in support of this measure was received from the
Department of Transportation, Governor's Highway Safety Council,
Department of the Prosecuting Attorney of the City and County of
Honolulu, and Police Department of the City and County of
Honolulu.

     Your Committee finds that the current law was not intended
to be interpreted to invalidate roadblocks that did not comply
with internal police procedures that exceed the minimum statutory
roadblock requirements.

     Your Committee finds that internal police procedures for
roadblocks, which may relate to points as minor as the color of
vest to be worn by officers at the roadblock, should not be
treated as having the weight of law for the purpose of
determining the legal validity of a roadblock.  However, your
Committee notes that rules adopted pursuant to Chapter 91, Hawaii

 
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                                   STAND. COM. REP. NO. 958
                                   Page 2


Revised Statutes, after the public review and hearing process
provided for by that chapter, should be followed after their
adoption and may fairly be treated as requirements for a legally
valid roadblock.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 4, H.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as H.B. No. 4, H.D. 1, S.D. 1, and be referred to the
Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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