STAND. COM. REP. NO.  1419-16

Honolulu, Hawaii

                , 2016

RE:   H.C.R. No. 36

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.C.R. No. 36 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A TASK FORCE TO CONSIDER BODY AND DASH CAMERA IMPLEMENTATION WITHIN HAWAII LAW ENFORCEMENT STATEWIDE,"

begs leave to report as follows:

The purpose of this measure is to request the Judiciary to convene a task force (Task Force) to consider the statewide implementation of body and dash cameras for law enforcement.

The American Civil Liberties Union of Hawaii and several concerned individuals testified in support of this measure.  One concerned individual testified in opposition.  The Judiciary provided comments.

     Your Committee has amended this measure by:

     (1)  Requesting that the Task Force recommend uniform practices for the use of body and dash cameras;

     (2)  Amending its title to read: "HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A TASK FORCE TO RECOMMEND UNIFORM PRACTICES REGARDING BODY AND DASH CAMERA IMPLEMENTATION WITHIN HAWAII LAW ENFORCEMENT STATEWIDE";

     (3)  Stating that the Counties of Kauai and Maui have implemented or are considering the use of body and dash cameras;

     (4)  Requesting that the Task Force make recommendations on the protection of privacy, retention and deletion of recorded footage, and access to footage by the media and the public;

     (5)  Revising the list of members to the Task Force; and

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

     Your Committee observes that two measures currently pending before the Legislature, S.B. No. 2411 and H.B. No. 2108, establish legal requirements for body-worn cameras and vehicle cameras for county police departments.  It is your Committee's intent that the enactment into law of either S.B. No. 2411 or H.B. No. 2108 would render moot this measure's request to the Judiciary.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 36, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.C.R. No. 36, H.D. 1.

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

____________________________

KARL RHOADS, Chair