STAND. COM. REP. NO. 2387

 

Honolulu, Hawaii

 

RE: S.B. No. 2103

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sir:

 

Your Committees on Judiciary and Labor and Economic Development, Environment, and Technology, to which was referred S.B. No. 2103 entitled:

 

"A BILL FOR AN ACT RELATING TO SEARCH WARRANTS,"

 

beg leave to report as follows:

 

The purpose and intent of this measure is to:

 

(1) Allow a judge or magistrate to authorize a person or entity to assist a law enforcement officer or deputy of a sheriff or chief of police with the execution of a search warrant; and

 

(2) Allow the court to authorize a law enforcement officer to obtain technical assistance in the execution of a search warrant from individuals or entities who are located within or outside of the State in the examination of an electronic device or storage media.

 

Your Committees received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kauai; and Police Department, City and County of Honolulu.

 

Your Committees find that existing law requires that a search warrant be executed by a law enforcement officer. However, there are many cases involving electronic evidence that law enforcement officers are unable to execute without specialized assistance from non-law enforcement personnel. Thus, this measure facilitates more efficient and effective investigations and searches while allowing the judge to set limitations on the manner in which the assistance is provided.

 

As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Economic Development, Environment, and Technology that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2103 and recommend that it pass Second Reading and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Economic Development, Environment, and Technology,

 

________________________________

GLENN WAKAI, Chair

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair