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.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
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. App. 98 (1992), the
 
 2 Hawaii intermediate court of appeals ruled that internal police
 
 3 roadblock procedures exceeding the minimum statutory roadblock
 
 4 requirements, as set out in section 286-162.6, Hawaii Revised
 
 5 Statutes (HRS), must be "scrupulously" followed and that failure
 
 6 to do so will result in a determination that motor vehicles
 
 7 stopped at such a roadblock have been improperly seized.  The
 
 8 legislature finds and declares that it did not intend this
 
 9 outcome in enacting sections 286-162.5 and 286-162.6 of the
 
10 Hawaii Revised Statutes.  Accordingly, the purpose of this Act is
 
11 to clarify that police roadblocks need not scrupulously follow
 
12 internal police procedures that are not subject to chapter 91,
 
13 HRS, for proper seizures of motor vehicles.
 
14      SECTION 2.  Section 286-162.5, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "286-162.5  Authorization to establish intoxication and
 
17 drug control roadblock programs.  The police departments of the
 
18 respective counties are authorized to establish and implement
 
19 intoxication and drug control roadblock programs in accordance
 

 
Page 2                                                     4
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        

 
 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 internal police procedures not subject to chapter 91 that
 
10 exceed the minimum statutory roadblock requirements shall not
 
11 invalidate a roadblock that otherwise meets the minimum statutory
 
12 criteria provided in section 286-162.6."
 
13      SECTION 3.  New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15