STAND. COM. REP. NO. 3402

Honolulu, Hawaii

RE: H.B. No. 1584

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred H.B. No. 1584 entitled:

"A BILL FOR AN ACT RELATING TO THE POWER OF ARREST,"

begs leave to report as follows:

The purpose and intent of this measure is to update:

(1) The list of federal agencies whose law enforcement officers may make arrests for certain offenses under state law by adding the United States Immigration and Customs Enforcement-Homeland Security Investigations and deleting the United States Citizenship and Immigration Services from the list; and

(2) References to the titles of the heads of the district offices for the listed federal agencies and the names of these agencies, including the United States Customs and Border Protection.

Your Committee received testimony in support of this measure from the U.S. Department of Homeland Security Immigrations and Customs Enforcement-Homeland Security Investigations, Department of the Attorney General, Department of Transportation, Department of Public Safety, Hawai‘i Police Department, and Honolulu Police Department. Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that United States Immigration and Customs Enforcement-Homeland Security Investigations special agents work extensively with law enforcement officers of the State on investigations targeting transnational organized criminal activity. These investigations often involve violations of both federal and state criminal law. Your Committee believes that the sophistication of the methods employed by criminal organizations in the State make it essential for United States Immigration and Customs Enforcement-Homeland Security Investigations special agents to have state arrest authority. This measure will help stem the impact of criminality and protect the citizens of Hawaii by updating the list of federal agencies whose law enforcement officers may make arrests for certain offenses under state law by adding the United States Immigration and Customs Enforcement-Homeland Security Investigations and deleting the United States Citizenship and Immigration Services from the list.

Your Committee has amended this measure by:

(1) Clarifying findings relating to Act 95, Session Laws of Hawaii 2008; and

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

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 H.B. No. 1584, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1584, S.D. 1, 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,

________________________________

CLARENCE K. NISHIHARA, Chair