REPORT TITLE:
Police Roadblocks; Procs.


DESCRIPTION:
Provides that failure to comply scrupulously with police
procedures that exceed the minimum statutory roadblock
requirements will not invalidate a roadblock that otherwise meets
the minimum statutory criteria.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO POLICE ROADBLOCK PROGRAMS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  In State v. Fedak, 9 Haw. 98 (1992), the Hawaii
 
 2 intermediate court ruled that police roadblock procedures
 
 3 exceeding the minimum statutory roadblock requirements as set out
 
 4 in section 286-162.6, Hawaii Revised Statutes, must be
 
 5 "scrupulously" followed and that failure to do so will result in
 
 6 a determination that motor vehicles stopped at such a roadblock
 
 7 have been improperly seized.  The legislature finds and declares
 
 8 that it did not intend this outcome in enacting sections
 
 9 286-162.5 and 286-162.6.  Accordingly, the purpose of this Act is
 
10 to clarify that police roadblocks need only meet the statutory
 
11 requirements of section 286-162.6 for proper seizures of motor
 
12 vehicles.
 
13      SECTION 2.  Section 286-162.5, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "286-162.5  Authorization to establish intoxication and
 
16 drug control roadblock programs.  The police departments of the
 
17 respective counties are authorized to establish and implement
 
18 intoxication and drug control roadblock programs in accordance
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 with the minimum standards and guidelines provided in
 
 2 section 286-162.6.  The chief of police in any county
 
 3 establishing an intoxication and drug control roadblock program
 
 4 pursuant to this section shall specify the procedures to be
 
 5 followed in carrying out the program in rules adopted under
 
 6 chapter 91; provided that the procedures shall be in conformity
 
 7 with and not more intrusive than the standards and guidelines
 
 8 described in section 286-162.6.  Failure to comply scrupulously
 
 9 with police procedures that exceed the minimum statutory
 
10 roadblock requirements shall not invalidate a roadblock that
 
11 otherwise meets the minimum statutory criteria as set out in
 
12 section 286-162.6"
 
13      SECTION 3.  New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:_________________________