STAND. COM. REP. NO.  806

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 1008

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1008, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE POWER OF ARREST,"

begs leave to report as follows:

     The purpose of this bill, among other things, is to help  provide additional support to state and county law enforcement agencies by adding the Federal Bureau of Investigation and the United States Immigration and Customs Enforcement to the list of federal agencies whose officers may make arrests for certain offenses under state law.

     The Department of the Attorney General and Hawaii Police Department supported this bill.

     Your Committee has amended this bill by:

     (1)  Specifying that evidence obtained as a result of an arrest with no warrant by federal agents is not admissible in a state court;

     (2)  Changing its effective date to January 7, 2059, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1008, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1008, H.D. 2.

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

____________________________

GILBERT KEITH-AGARAN, Chair