CONFERENCE COMMITTEE REP. NO. 50

Honolulu, Hawaii

                 , 2017

RE:    S.B. No. 488

       S.D. 1

       H.D. 1

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

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. 488, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SEARCH WARRANTS,"

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.

     This purpose of this measure is to allow the court to authorize an individual or entity other than a sheriff deputy or police officer to provide technical assistance to the deputy sheriff or police officer in examining an electronic device or storage media that is the subject of a search warrant.

     Your Committee on Conference finds that existing law requires that a search warrant be executed by a law enforcement officer.  However, there are many cases involving electronic evidence where law enforcement officers are unable to execute a search warrant without specialized assistance from non-law enforcement personnel.  This measure facilitates more efficient and effective investigations and searches while allowing the judge or magistrate to set limitations on the manner in which the assistance is provided.

     Your Committee on Conference has amended this measure by changing the effective date to upon its 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. 488, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 488, S.D. 1, 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

____________________________ SCOTT Y. NISHIMOTO Chair	____________________________ GILBERT S.C. KEITH-AGARAN Chair
	____________________________ BRIAN T. TANIGUCHI Co-Chair