THE SENATE	S.B. NO.	2107
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to pen registers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 803-41, Hawaii Revised Statutes, is amended by amending the definition of "pen register" to read as follows:

     ""Pen register" means a device that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or cellular network to which [such] the device is [attached,] connected, or that identifies the numbers that a device uses to connect to a wire or electronic communications service, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communication services provided by the provider or any device used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business."

     SECTION 2.  Section 803-44.6, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsection (b) to read:

     "(b)  If the designated judge is so satisfied, the order issued shall specify:

     (1)  The identity, if known, of the person to whom is leased or in whose name is listed the telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is to be attached;

     (2)  The identity, if known, of the person who is the subject of the criminal investigation;

     (3)  The number and, if known, the physical location of the telephone line, cellular telephone, or electronic device or service to which the pen register or the trap and trace device is to be attached, and, in the case of a trap and trace device, the geographical limits of the trap and trace order;

     (4)  A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates; and

     (5)  Upon the request of the applicant, the information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device that the provider of wire communication service is directed to furnish to the applicant."

     2.   By amending subsection (d) to read:

     "(d)  An order authorizing the installation and use of a pen register or a trap and trace device shall direct that:

     (1)  The order be sealed until otherwise ordered by the court; and

     (2)  The person owning or leasing the [line] telephone line, cellular telephone, or electronic device or service to which the pen register or trap and trace device is attached, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person, unless otherwise ordered by the court."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Honolulu Prosecuting Attorney Package; Pen Register; Definition

Description:

Amends the definition of "pen register" to include cell phones and other communications devices among those that the numbers transmitted to and from may be recorded.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.