STAND. COM. REP. 553

Honolulu, Hawaii

, 2003

RE: H.B. No. 1123

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 1123 entitled:

"A BILL FOR AN ACT RELATING TO TERRORISM,"

begs leave to report as follows:

The purpose of this bill is to combat terrorism and related activities by providing law enforcement officials with a means to charge those involved in terrorist-related activities. This bill creates the new offenses of:

(1) Terrorism;

(2) Hindering apprehension or prosecution for terrorism;

(3) Unlawful production or possession of a chemical, biological, or nuclear weapon;

(4) Malicious hoax by means of an imitation chemical, biological, or nuclear weapon; and

(5) Making a false public alarm in the first and second degree.

 

The Department of the Attorney General, County of Maui Department of the Prosecuting Attorney, City and County of Honolulu Department of the Prosecuting Attorney, and the Honolulu Police Department testified in support of this bill. The Office of the Public Defender, American Civil Liberties Union of Hawaii, American Friends Service Committee, and one individual opposed this measure.

Proponents of this bill maintain that strong penalties are needed to deter those who would engage in terrorist activities or who would assist terrorists. On the other hand, opponents believe that this bill will reduce the constitutional protections that we value as American citizens.

Your Committee has amended this bill by:

(1) Repealing this measure on June 30, 2004, for the purpose of continued discussion; and

(2) Making technical, nonsubstantive amendments to correct technical errors.

Your Committee respectfully requests the Committee on Judiciary to ensure that the provisions of this bill are consistent with the other provisions of the Penal Code.

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 H.B. No. 1123, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1123, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

 

____________________________

KEN ITO, Chair