STAND. COM. REP. NO. 2668

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2634
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2634, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this bill is to define "law enforcement
officer," and replace references in specific penal code
provisions to "peace officer" with "law enforcement officer."

     Your Committee finds that the provisions of the penal code
refer interchangeably to "peace officer" and "law enforcement
officer," without defining either term.  The Honolulu Police
Department prefers the term "law enforcement officer."  Your
Committee finds that consistency in terminology will increase the
clarity of our penal code.  Your Committee notes that an
important part of a law enforcement officer's job is keeping
peace in our community, and therefore a law enforcement officer
should also be a peace officer.  However, your Committee finds
that, to avoid confusion, only one term should be used, and will
agree to the term preferred by the Honolulu Police Department.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney, City and County of
Honolulu, the Department of the Prosecuting Attorney, County of
Maui, and the Honolulu Police Department.  Comments on this
measure were submitted by the Office of the Public Defender.


 
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                                   STAND. COM. REP. NO. 2668
                                   Page 2


     Upon further consideration, your Committee has amended this
measure to achieve its purpose more consistently and thoroughly
by deleting its contents and replacing it with:

     (1)  A provision adding a definition of "law enforcement
          officer" in the general definitions applicable to the
          entire penal code; and

     (2)  A provision amending chapters 701 through 712A, Hawaii
          Revised Statutes, by substituting "law enforcement
          officer" for "peace officer" wherever the latter
          appears.

     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.
2634, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 2634, S.D.
2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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