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. 683 entitled:

begs leave to report as follows:

The purpose of this measure as received is to require that all on-duty deputy sheriffs carry identification cards and wear badges that identify them as deputy sheriffs.

Your Committee finds that under section 353C-4, Hawaii Revised Statutes, the Director of Public Safety may appoint special employees as deputy sheriffs to carry out certain functions deemed appropriate by the Director. As a part of their duties, deputy sheriffs serve subpoenas and other court processes to individuals involved in civil and criminal proceedings.

Your Committee also finds that under existing law, there is no requirement or specific authorization to bestow upon these specially appointed deputy sheriffs any form of official identification that identifies them as deputy sheriffs. Because these specially appointed deputy sheriffs are not issued official badges, identification cards, or uniforms, they sometimes run into situations where the credibility of their official status is questioned. This measure would remedy this problem by requiring that special employees appointed as deputy sheriffs for the purpose of serving subpoenas and other court processes be issued and required to wear official badges and that official identification cards be issued and carried as well.

Your Committee has amended the measure by clarifying that badges and identification cards are meant to be issued to specially appointed deputy sheriffs who:

Your Committee believes that the amended measure provides these specially appointed deputy sheriffs with the official identification necessary to effectively carry out their assigned duties while not affecting the identification requirements of regularly uniformed police officers and deputy sheriffs or any investigator appointed and commissioned by the Director of Commerce and Consumer Affairs pursuant to section 26-9(j), Hawaii Revised Statutes.

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. 683, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 683, S.D. 1, and be placed on the calendar for Third Reading.