STAND. COM. REP. NO. 2326

Honolulu, Hawaii

RE: S.B. No. 2184

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2184 entitled:

"A BILL FOR AN ACT RELATING TO EYEWITNESS IDENTIFICATION,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify and modify existing law regarding eyewitness identification procedures.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, and Honolulu Police Department. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that mistakes in eyewitness identification contribute to a significant majority of wrongful conviction that are later overturned by DNA evidence. More accurate eyewitness identifications increase the ability of police and prosecutors to solve crimes, convict the guilty, and protect the innocent. In order to provide for a more accurate eyewitness identification procedure, the Legislature passed Act 281, Session Laws of Hawaii 2019 (Act 281), which created procedural and administrative requirements for law enforcement agencies pertaining to eyewitness identifications of suspects in criminal investigations. However, your Committee also finds that Act 281 imposed new requirements some of which created undue burden for law enforcement. This measure will clarify Act 281 by providing flexibility in eyewitness identification procedures.

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. 2184 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

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