STAND

STAND. COM. REP. NO. 1621-06

Honolulu, Hawaii

, 2006

RE: S.B. No. 965

S.D. 2

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 965, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ELECTRONIC SURVEILLANCE,"

begs leave to report as follows:

The purpose of this bill is to amend Hawaii's wiretap law by, among other things:

(1) Deleting the requirement that an applicant for an intercept order appear at an in camera adversary hearing on the application and that the judge appoint independent counsel to oppose the application;

(2) Establishing a surveillance review unit (unit) in the Department of the Attorney General (AG) to review all applications for interception of wire, oral, or electronic communications;

(3) Requiring that a written memorandum from the unit deputy AG accompany each application for an intercept order, with a recommendation to approve or disapprove the application;

(4) Protecting applications and orders from disclosure absent a showing of good cause;

(5) Making it a class C felony for any person to intentionally disclose the contents of any intercepted communication;

(6) Allowing the AG to seek an injunction against any illegal interception of communication; and

(7) Requiring annual reports to the Legislature concerning pen register orders and orders for trap and trace devices.

The AG, City and County of Honolulu Department of the Prosecuting Attorney, County of Maui Department of the Prosecuting Attorney, County of Kauai Office of the Prosecuting Attorney, Kuliouou/Kalani Iki Neighborhood Board #2, and a concerned individual testified in support of this bill. The County of Hawaii Office of the Prosecuting Attorney supported the intent of this measure. The American Civil Liberties Union of Hawaii and a concerned individual opposed this bill.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 965, S.D. 2, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

		____________________________ DWIGHT TAKAMINE, Chair