STAND. COM. REP. NO.2519

Honolulu, Hawaii

, 2002

RE: S.B. No. 2697

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 Judiciary, to which was referred S.B. No. 2697 entitled:

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

begs leave to report as follows:

The purpose of this measure is to create new penal offenses relating to terrorism, making false public alarms, hindering apprehension or prosecution for terrorism, and unlawful production or possession of a chemical, biological, or nuclear weapon.

The measure also amends the reckless endangering and terroristic threatening statutes to include a class B felony offense where a dangerous instrument is involved.

Testimony in support of this measure was received from the Attorney General, Honolulu Police Department, Honolulu Prosecuting Attorney, and a private citizen. Testimony in opposition was received from the Public Defender and two private citizens.

This measure is in response to the terror attacks of September 11, 2001, calling for a national and state effort to enhance security against acts of terrorism. This measure is intended to combat terrorism and related activities by providing law enforcement officials with means to charge those involved in terror related activities. Current law is devoid of these charges. This measure is not intended to, as opponents suggest, aggrandize a state control over society. Your Committee considers this measure as one of public safety. Without the new offenses contained in this measure, prosecutors are helpless to prevent and deter terror activities. The result of this measure is that citizens have a measure of comfort that law enforcement possess the requisite tools to fight terrorism.

Your Committee has amended this measure by making technical changes for proper drafting and for clarity and style, and by changing the effective date to July 1, 2050, to assure further discussions.

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. 2697, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2697, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

BRIAN KANNO, Chair