Report Title:

Evidence; consensual conversations

Description:

Allows prosecutors to use evidence derived from consensual conversations between law enforcement officers and other persons.

HOUSE OF REPRESENTATIVES

H.B. NO.

2650

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII.

 

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

SECTION 1. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"CONVERSATIONS INVOLVING LAW ENFORCEMENT OFFICERS

Section . Law enforcement officers may speak and converse with other persons. No evidence in a criminal case shall be suppressed or otherwise excluded from evidence based upon a claim that any such conversations or speech, or acts accompanying, connected with, or attendant to such conversations or speech, were illegal in any way, improper or constituted an illegal search and seizure, unless such suppression or exclusion is required by the Constitution of the United States."

SECTION 2. The question to be printed on the ballot shall be as follows:

"Shall the Constitution of the State of Hawaii be amended to provide that law enforcement officers may speak and converse with other persons and that no evidence in a criminal case shall be suppressed or otherwise excluded from evidence based upon a claim that any such conversations or speech, or acts accompanying, connected with, or attendant to such conversations or speech, were illegal in any way, improper, or constituted an illegal search and seizure, unless such suppression or exclusion is required by the Constitution of the United States?"

SECTION 3. New constitutional material is underscored.

SECTION 4. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

 

INTRODUCED BY:

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