Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1512 entitled:

begs leave to report as follows:

The purpose of this measure is to replace the term "peace officer" with the term "law enforcement officer" in the penal code.

The Department of the Prosecuting Attorney of the City and County of Honolulu and the Honolulu Police Department testified in support of this measure.

Currently, the term "peace officer" is used throughout the penal code, but is not defined. This lack of definition has created uncertainty as to who or what constitutes a peace officer, and required a discussion of legislative history and intent by the Intermediate Court of Appeals in adjudicating a case involving the impersonation of a public servant other than a peace officer.

This measure addresses the uncertainty in the law by replacing the term "peace officer" with the term "law enforcement officer" wherever the former term appears in the Penal Code, and defines "law enforcement officer" in the general provisions of the Code. Your Committee finds that this clarification will facilitate the administration and enforcement of the State's criminal laws.

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 S.B. No. 1512 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.