STAND. COM. REP. NO. 2759

Honolulu, Hawaii

RE: S.B. No. 3033

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3033 entitled:

"A BILL FOR AN ACT RELATING TO PHYSICAL EVIDENCE,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the criminal offense statute for tampering with physical evidence to adopt the wording of the Model Penal Code for the same offense.

Your Committee received testimony in support of this measure from the Department of the Attorney General.

Your Committee finds that tampering with physical evidence can take many forms beyond what is provided in existing statute. Your Committee further finds that the current statute on tampering with physical evidence omits several phrases from the corresponding offense in the Model Penal Code that are needed to comprehensively combat physical evidence offenses. This measure incorporates the corresponding offense wording of the Model Penal Code, which will increase the public's trust and confidence in the investigations conducted by the State and local law enforcement and increase the credibility of available evidence.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3033 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair