STAND. COM. REP. NO.2908

Honolulu, Hawaii

, 2002

RE: H.B. No. 2304

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 2304, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO JUROR PRIVACY,"

begs leave to report as follows:

The purpose of this measure is to prohibit public disclosure of confidential information contained in juror master lists and juror qualification forms.

Your Committee received testimony in support of this measure from the Judiciary and the Office of Information Practices. The Hawaii State Bar Association submitted testimony expressing its support for the substance of this measure.

Your Committee finds that prospective jurors are often concerned that the private information they provide on their juror selection forms will be disclosed to the parties in the case, their attorneys, and other court personnel.

Your Committee supports the intent of this measure, which will improve jurors' sense of privacy protection by limiting public disclosure of sensitive information and addressing related safety concerns.

Your Committee has amended this measure by replacing its contents with the contents of S.B. No. 2633, S.D. 1, which is substantially similar in substance. Specifically, the House measure would have required a court to approve a juror qualification form if the form inquired about the geographic location of the prospective juror's residence; the Senate measure contains no such requirement.

In addition, the Senate measure is less specific regarding the information that must be redacted before a grand jury master list is open for public inspection. Finally, your Committee also retained a reference in this measure that permits disclosure of certain information under section 612-23, Hawaii Revised Statutes, that was contained in the House measure but not in the Senate companion bill.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2304, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2304, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair