Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2694, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to enact a wiretapping and electronic surveillance law and to establish a surveillance unit within the Department of the Attorney General (AG).

Your Committee received testimony in support of this measure from the AG, Honolulu Prosecuting Attorney, and Honolulu Police Department. Testimony in opposition to this measure was submitted by the Public Defender. The Office of Information Practices (OIP) submitted comments.

Your Committee finds that Hawaii's existing wiretapping law was drafted in 1984, and is badly outdated due to technological advances over the past 18 years. As a result, wiretaps are almost never used in Hawaii.

Your Committee further finds that this measure not only brings Hawaii's electronic surveillance laws up to date, it also provides sufficient protections to ensure that there are no abuses. Specifically, this measure provides strong privacy protections for Hawaii's residents, contemplates current technology, is not overly restrictive, and conforms to federal electronic surveillance laws.

Following the September 11, 2001, terrorist attacks against the United States, it quickly became evident that our national security depends on intelligence gathering, and electronic surveillance is one of the most effective means.

Therefore, your Committee supports this measure, which gives law enforcement officials in Hawaii the tools necessary to use electronic surveillance technology to protect the public.

Your Committee has amended this measure by:

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. 2694, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2694, S.D. 2.