CONFERENCE COMMITTEE REP. NO. 125-16

Honolulu, Hawaii

                 , 2016

RE:    S.B. No. 2108

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2108, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL PROCESS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure is to authorize the Attorney General and county prosecuting attorneys to use administrative subpoenas to obtain records in criminal investigations, regardless of whether the recipient or the records are physically located within the State.

     Your Committee on Conference finds that during all phases of a criminal case, the Attorney General and county prosecutors frequently need to obtain records from an entity located outside of the State.  However, existing law pertaining to criminal records process only authorizes the use of grand jury subpoenas and trial subpoenas to obtain records held by entities located outside of the State.  As a result, the Attorney General and county prosecutors have no authority to use administrative subpoenas to obtain records that are held by entities located outside of the State during the investigative phase of a criminal case.  Implementation of this measure will facilitate criminal investigations and properly enable the use of subpoenas during all phases of a criminal case.

     Your Committee on Conference has amended this measure by changing the effective date to upon approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2108, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2108, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KARL RHOADS, Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN, Chair
____________________________ LYNN DECOITE, Co-Chair