STAND. COM. REP. 2614
Honolulu, Hawaii
, 2004
RE: S.B. No. 2447
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2447 entitled:
"A BILL FOR AN ACT RELATING TO CRIME REDUCTION,"
begs leave to report as follows:
The purpose of this measure is to enact a new electronic surveillance law and to exempt certain search and seizure cases from the necessity of obtaining an arrest or search warrant.
Testimony in support of this measure was received from the Attorney General (supporting part I and commenting on part II), Department of Public Safety, Honolulu Prosecuting Attorney, Honolulu Police Department, and four individuals. Testimony in opposition was received from the Office of the Public Defender, Japanese American Citizens League, American Civil Liberties Union Hawaii, and one individual.
According to testimony and the purpose section of this measure, the intent of this measure is to facilitate the use of electronic surveillance by conforming Hawaii procedures to federal procedures. Particularly with regard to methamphetamine use and possible terrorist attacks, this measure would provide another tool to fight crime. This measure would enable state law enforcement and federal authorities to work together to gather and share information.
Although this measure was not a recommendation for legislation of the Joint House-Senate Task Force on Ice and Drug Abatement, your Committee nonetheless passes this measure in the interests of continuing the discussion and assisting law enforcement authorities in their request for legislation to enhance the fight against crime.
Your Committee has amended this measure, on the recommendation of the Attorney General, by:
(1) Deleting the definition of "aggrieved person";
(2) Adding a new defined term, "intercepted party," and replacing all "aggrieved persons" with "intercepted party" throughout the measure;
(3) Clarifying the definition of "electronic communication" to include cordless radio telephones and cellulars;
(4) Adding a new section prohibiting the use of intercepted wire or oral communications as evidence in reference to electronic communication;
(5) Replacing section 803-CC with a provision to use evidence obtained pursuant to a federal order in state courts; and
(6) Deleting part II, relating to arrest and search warrants.
Your Committee also amended this measure to make technical, nonsubstantive changes.
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. 2447, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2447, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
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