STAND. COM. REP. NO. 441

Honolulu, Hawaii

RE:    S.B. No. 153

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 153 entitled:

"A BILL FOR AN ACT RELATING TO POLICE REPORTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow surviving immediate family members of murder or manslaughter victims to access a copy of the closing report prepared by the investigating police department, upon the conclusion of all criminal and civil proceedings that arose from the offense.

     Your Committee received testimony in support of this measure from the Hawaii Association for Justice.  Your Committee received testimony in opposition to this measure from the Civil Beat Law Center for the Public Interest.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that making police reports available to surviving family members of a victim of a violent crime resulting in death is important for maintaining fairness and protecting the well-being of the public.  Currently, criminal defendants who cause the death of another have access to police files relating to the investigation, but surviving family members do not necessarily have access to the same files.  In addition, allowing surviving family members to have access to final, or closing, police reports would enhance police transparency and accountability.

     Your Committee has amended this measure by removing the reference to section 92F-22, Hawaii Revised Statutes, to avoid any confusion with the existing Uniform Information Practices Act.

     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. 153, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 153, S.D. 1, and be referred to your Committee on Judiciary and Labor.

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

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CLARENCE K. NISHIHARA, Chair