STAND. COM. REP. NO. 3318

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 1491
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
1491, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO SUBPOENAS,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to authorize the use of administrative subpoenas, thus giving law
enforcement officials a more efficient way to obtain information
and records from providers of electronic communications and
remote computing services.

     Your Committee finds that federal law permits the use of
administrative subpoenas to obtain records from providers of
electronic communications and remote computing services.  This
measure would align state law with federal law on this point, and
make it easier for law enforcement agencies to conduct
investigations.

     Testimony in support of this measure was submitted by the
Attorney General, the Department of the Prosecuting Attorney for
the City and County of Honolulu, and the Honolulu Police
Department.  Testimony commenting on this measure was submitted
by the Office of Information Practices.

     Upon further consideration, your Committee has amended this
measure by:


 
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                                   STAND. COM. REP. NO. 3318
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     (1)  Adding a part II that amends sections 323C-38 and 622-
          52, Hawaii Revised Statutes, to allow a litigant to
          subpoena medical records without any written
          authorization or court order when the records are
          related to a party to the litigation whose medical
          condition is at issue; 

     (2)  Changing the effective date to upon approval for part I
          and July 1, 2000 for part II; and

     (3)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1491, H.D. 1, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 1491, H.D.
1, S.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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