STAND. COM. REP. NO. 2171

Honolulu, Hawaii

RE: S.B. No. 2780

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 S.B. No. 2780 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:

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

(2) Update references to the titles of the heads of the district offices for the listed federal agencies and the names of these agencies, including 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 Public Safety, Hawai‘i Police Department, Honolulu Police Department, and Kauai Police Department.

Your Committee finds that federal law enforcement agencies work extensively with state and county law enforcement targeting transnational organized criminal activity. These investigations often involve violations of both federal and state criminal law. However, United States Immigrations and Customs Enforcement-Homeland Security Investigations special agents do not currently have limited arrest powers under state law, meaning that they are often able to observe suspicious activities but are not authorized to take action pursuant to state law. Your Committee believes that the grant of limited arrest powers, under state law, to agents of United States Immigration and Customs Enforcement-Homeland Security Investigations would promote enhanced collaboration with state law enforcement counterparts to protect national security, prevent crimes of exploitation, combat financial crimes, investigate cybercrime and other threats, and ensure public safety.

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. 2780 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