STAND. COM. REP. NO. 2068

Honolulu, Hawaii

RE:    S.B. No. 2367

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 2367 entitled:

"A BILL FOR AN ACT RELATING TO PRODUCTION OF RECORDS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify persons or businesses that may be served criminal process under Hawaii law;

     (2)  Specify circumstances under which certain persons or businesses located in Hawaii may be served criminal process issued by or in another state; and

     (3)  Specify information the service of process issued by or in another state must include.

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, City and County of Honolulu; Police Department, City and County of Honolulu; and Department of the Attorney General.

Your Committee finds that Act 325, Session Laws of Hawaii 2012, codified as chapter 806D, Hawaii Revised Statutes, created a criminal long arm statute to authorize Hawaii courts to order the production of records, including electronic records, held by entities outside of the State for criminal matters.  Prior to the enactment of chapter 806D, Hawaii Revised Statutes, out-of-state entities could not be compelled to comply with service of process in criminal matters issued by Hawaii courts.  However, as the Department of the Attorney General notes in testimony, several issues have arisen out of this law, including a lack of a nexus requirement between a Hawaii recipient of process and the service-issuing state, confusion regarding the use of certain terms, and the potential for other states to issue process in an attempt to compel government agencies to disclose protected records.  Your Committee finds that this measure is necessary to correct these issues and improve the application of the criminal process records law.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2367, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2367, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental and Military Affairs,

____________________________

WILL ESPERO, Chair