CONFERENCE COMMITTEE REP. NO.23
Honolulu, Hawaii
, 2001
RE: S.B. No. 1512
H.D. 1
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to amendments proposed by the House of Representatives in S.B. No. 1512, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to create criminal offenses of endangering a law enforcement horse or dog, and interfering with a law enforcement horse or dog. This measure also:
(1) Defines "law enforcement officer" to replace "peace officer" in the penal code; and
(2) Clarifies the offense of obstructing government operations by adding the operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or a county.
This measure recognizes the modern trend of law enforcement to utilize horses and dogs to supplement the official activities of police officers, particularly with regards to search and seizure and crowd control. These animals may come in harm's way by intentional or reckless injury or other deliberate contact inflicted by perpetrators of crime. This measure is a deterrent and a punishment for such malicious conduct.
The term "peace officer", as currently used in the penal code, has caused the Intermediate Court of Appeals to question whether the term means "law enforcement officer". This measure resolves the ambiguity by providing a definition of "law enforcement officer" and substituting that term for "peace officer".
Electronic communications are utilized extensively by State and local governments (counties). Current law does not cover intentional obstruction, impairment, or hindering of radio, telephone, television, or other telecommunication systems owned or operated by the State or counties. This measure closes the gap.
Your Committee on Conference has amended this measure by making a technical, nonsubstantive amendment.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1512, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1512, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
____________________________ ERIC G. HAMAKAWA, Chair |
____________________________ BRIAN KANNO, Chair |
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