CONFERENCE COMMITTEE REP. NO. 129-16

 

Honolulu, Hawaii

                 , 2016

 

RE:    S.B. No. 2439

       S.D. 1

       H.D. 1

       C.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

 

Sirs:

 

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2439, S.D. 1, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to establish exceptions to the offense of obstructing government operations and the offense of violation of privacy in the second degree for a person making a video or audio recording or photograph of a law enforcement officer while the officer is in the performance of duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy; provided that the officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.

 

     Your Committee on Conference finds that due to the popularity and widespread use of smartphones with video or audio recording and photographing capabilities, such as videos, recordings, and photos of law enforcement officers who are exercising their duties have been used as evidence in police conduct matters or widely disseminated via social media.  However, such recordings and photographs may be seen as obstructing government operations or an invasion of privacy.  This measure establishes an exception under certain circumstances to enable a person to record or photograph a law enforcement officer exercising the officer's duties without violating the law.

 

     Your Committee on Conference has amended this measure by changing the effective date to July 1, 2016.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2439, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2439, S.D. 1, H.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE HOUSE

 

ON THE PART OF THE SENATE

 

____________________________

KARL RHOADS, Co-Chair

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair

____________________________

LYNN DECOITE, Co-Chair