STAND. COM. REP. NO. 705

Honolulu, Hawaii

RE:    S.B. No. 488

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Judiciary and Labor and Economic Development, Tourism, and Technology, to which was referred S.B. No. 488 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to allow the court to authorize an individual or entity other than a law enforcement officer to provide technical assistance in executing a search warrant that pertains to an electronic device or storage media.

     Your Committees received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; and Police Department, City and County of Honolulu.

     Your Committees find 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 to set limitations on the manner in which the assistance is provided.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Economic Development, Tourism, and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 488, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 488, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Economic Development, Tourism, and Technology,

________________________________ GLENN WAKAI, Chair

________________________________ GILBERT S.C. KEITH-AGARAN, Chair