STAND. COM. REP. NO. 827

Honolulu, Hawaii

, 2005

RE: H.B. No. 164

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 164 entitled:

"A BILL FOR AN ACT RELATING TO UNAUTHORIZED MOTION PICTURE RECORDING,"

begs leave to report as follows:

The purpose of this bill is to prohibit the use of audiovisual recording devices in a movie theater while a motion picture is being exhibited, without the prior consent of the motion picture theater owner. Specifically, this bill:

(1) Classifies the unauthorized use of an audiovisual recording device in a movie theater as a misdemeanor;

(2) Protects an authorized person from civil liability when taking reasonable action to detain an unauthorized user of an audiovisual recording device in a movie theater, while awaiting the arrival of law enforcement officers; and

(3) Makes an exception for legitimate uses of audiovisual recording devices for a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government.

The Motion Picture Association and Screen Actors Guild testified in support of this bill.

Your Committee has amended this bill by:

(1) Deleting the provision that protects an authorized person from civil liability when taking reasonable action to detain an unauthorized user of an audiovisual recording device in a movie theater, while awaiting the arrival of law enforcement officers;

(2) Clarifying that this bill does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date; and

(3) Making other technical, nonsubstantive amendments for clarity, consistency, and style.

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 H.B. No. 164, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 164, H.D. 1.

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

 

____________________________

SYLVIA LUKE, Chair