Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1107 entitled:

begs leave to report as follows:

The purpose of this measure is to update the crimes of disorderly conduct and violation of privacy in the first and second degrees to punish "video voyeurism" in public places.

Your Committee received testimony supporting this measure and proposing an amendment from the Department of the Prosecuting Attorney and the Honolulu Police Department. The Office of the Public Defender commented on the bill.

Your Committee finds that Act 278, Session Laws of Hawaii, Regular Session of 1999 created the criminal offenses of violation of privacy in the first and second degrees to deal with "video voyeurism" in private places. Your Committee further finds that through technological advancements, recording and broadcasting devices are easily concealed. Incidents of "video voyeurism" in public places have occurred but are not chargeable under existing laws. Your Committee has concerns, however, that the definition of "intimate areas underneath clothing" as written is overly broad. Therefore, your Committee amended the bill by inserting the Department of the Prosecuting Attorney's proposed amendments that:

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1107, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1107, S.D. 1, and be placed on the calendar for Third Reading.