STAND. COM. REP. NO. 32

Honolulu, Hawaii

RE: S.B. No. 601

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 601 entitled:

"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require law enforcement to post notice that a warranted or warrantless search has been conducted on a property; and

(2) Require a law enforcement officer to secure any entrance used by an officer in the search.

Your Committee received testimony in support of this measure from the Office of the Public Defender and one individual.

Your Committee received testimony in opposition to this measure from the Maui Police Department and one individual.

Your Committee received comments on this measure from the Honolulu Police Department.

Your Committee finds that the Hawaii State Constitution affords individuals the right to be free from unreasonable searches and seizures and explicitly protects the right to privacy. Given the highly intrusive nature of these searches and the possibility that these searches may be subject to legal challenges, a posting requirement would inform the owner or occupier or their attorney of the date, time, and purpose of the search and who to contact regarding any questions or concerns as to the execution and propriety of the search. The requirement that officers secure any entrances used upon completion of the warranted or warrantless search prevents the property from being subsequently accessed by other individuals for purposes of trespass, theft, and other invasions of privacy. This measure will strengthen the right to privacy by increasing transparency and security throughout the search process.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 601 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 and Military Affairs,

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BRANDON J.C. ELEFANTE, Chair