STAND. COM. REP. NO. 987

Honolulu, Hawaii

, 2005

RE: S.B. No. 965

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 965, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to repeal the existing law on electronic eavesdropping, commonly referred to as the wiretapping law, and to replace it with a wiretapping and electronic surveillance law that is organized and more compatible with federal law on the same subject.

Specifically, this measure:

(1) Prohibits interception or disclosure of wire, oral, or electronic communications, except when a law enforcement agency is authorized to do so for investigation of specified criminal activity pursuant to court order;

(2) Prohibits the manufacture, distribution, possession, or advertising of wire, oral, or electronic communication interception devices;

(3) Prohibits access to stored electronic communications, except when a law enforcement agency is authorized to do so pursuant to court order;

(4) Provides civil and criminal remedies for violation of prohibitions set forth in the bill;

(5) Establishes procedures for applications by law enforcement to intercept wire, oral, or electronic communications and for access to stored electronic communications;

(6) Authorizes law enforcement agencies to use pen register, trap and trace, and mobile tracking devices with court authorization; and

(7) Requires the Administrative Director of the Courts, the Attorney General, and the prosecuting attorneys to make periodic reports concerning the interception of wire, oral, or electronic communications and requires the Attorney General to make periodic reports regarding the use of pen registers and trap and trace devices.

Your Committee has amended this measure by:

(1) Replacing references to "endeavor" and "procure" with "attempt" and "solicit" in proposed section 803-B, Hawaii Revised Statutes, for consistency with existing Hawaii law;

(2) Inserting a reference to section 641-13, Hawaii Revised Statutes, into proposed section 803-J(h), Hawaii Revised Statutes, in order to avoid any conflict regarding the authority to appeal conferred by the two sections;

(3) Conforming the language regarding the statute of limitations for civil actions pursuant to proposed section 803-T(f), Hawaii Revised Statutes, with that used in proposed section 803-L(e), Hawaii Revised Statutes;

(4) Changing the effective date of the measure to July 1, 2050, to promote further discussion of the issues raised; and

(5) Making technical nonsubstantive changes for the purposes of consistency, clarity, and style.

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

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair