CONFERENCE COMMITTEE REP. NO. 161-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 3069

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 3069, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECORDS OF DEFENDANTS COMMITTED TO A HOSPITAL CONTROLLED BY THE DIRECTOR OF HEALTH OR TO CUSTODY OF DIRECTOR OF HEALTH,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this bill is to expedite the records disclosure process for clinical evaluation purposes while protecting a patient's right of privacy by:

     (1)  Making the county police departments responsible for providing to the Director of Health (Director) certain police records of defendants who are committed to a hospital under the control of the Director or to the custody of the Director; and

     (2)  Providing the defendant with an opportunity to object to the release of records.

     Your Committee on Conference upon further consideration has made the following amendments to S.B. No. 3069, S.D. 2, H.D. 1:

     (1)  Deleted the provisions that allow the defendant to object to the release of records;

     (2)  Inserted language that requires the county police departments to provide copies of all police reports to the Director of Health and the defendant that has been committed to the custody of the Director;

     (3)  Changed the effective date to "upon its approval"; and

     (4)  Made technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 3069, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 3069, S.D. 2, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ BLAKE K. OSHIRO, Co-Chair	____________________________ DAVID Y. IGE, Chair
____________________________ JOSHUA B. GREEN, M.D., Co-Chair	____________________________ BRIAN T. TANIGUCHI, Co-Chair
____________________________ JOHN MIZUNO, Co-Chair