STAND. COM. REP. NO. 2864

Honolulu, Hawaii

RE:    H.B. No. 840

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 840, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CHARGING BY WRITTEN INFORMATION,"

begs leave to report as follows:

     The purpose of this measure is to amend section 803-83, Hawaii Revised Statutes, to add three additional felony offenses to the list of felonies that may be charged by information:

     (1)  Unauthorized entry in a dwelling;

     (2)  Unauthorized possession of confidential personal information; and

     (3)  Methamphetamine trafficking in the second degree.

     Testimony in support of the measure was submitted by one state agency and four county agencies.  Testimony in opposition to the measure was submitted by one state agency.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that the purpose of this measure is to add three felonies to the list of felonies that may be charged through written information.  These felonies became law after the 2004 enactment of information charging via Act 62, Session Laws of Hawaii 2004, and are consistent with felony offenses that may be charged by information.

     Your Committee has amended this measure by:

     (1)  Making the measure effective upon its approval; and

     (2)  Making technical, nonsubstantive changes for purposes of style and of consistency and accuracy within the Hawaii Revised Statutes.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 840, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 840, H.D. 1, 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 Government Operations,

____________________________

BRIAN T. TANIGUCHI, Chair