STAND. COM. REP. NO. 3196

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1777

       H.D. 1

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1777, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO PRODUCTION OF RECORDS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to create a criminal long-arm statute to authorize district and circuit court judges in the State to order in criminal cases the production of records held by entities located outside of the State.

 

     Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney and Maui Prosecuting Attorney.

 

     Your Committee finds that many businesses, associations, and organizations providing goods and services to the residents of the State, conducting other activities in the State, or otherwise affecting the residents of Hawaii, now operate nationally or globally, and many maintain their business records in a location outside the State.  Such records may provide significant evidence in criminal investigations or litigation taking place in the State.  In order to effectively investigate and litigate these crimes, Hawaii law enforcement agencies, prosecutors, and criminal defense attorneys must be able to obtain records relevant to all crimes occurring here, and must be able to use these records in court.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the effective date to upon approval; and

 

(2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1777, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1777, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

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

 

 

 

____________________________

CLAYTON HEE, Chair