HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SEARCH WARRANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-31, Hawaii Revised Statutes, is amended to read as follows:
"§803-31 Search warrant; defined.
A search warrant is an order in writing made by a judge or other magistrate,
directed to an officer of justice, commanding the officer to search for certain
articles supposed to be in the possession of, or [
anticipated to be in the possession of, one who is charged with having
obtained them illegally, or who keeps them illegally, or with the intent of
using them as the means of committing a certain offense. A search warrant
may identify an individual or entity authorized pursuant to section 803-37 to
provide technical assistance to the officer."
SECTION 2. Section 803-34, Hawaii Revised Statutes, is amended to read as follows:
"§803-34 Contents. The warrant shall
be in writing, signed by the judge or magistrate, with the judge's or
magistrate's official designation, directed to some sheriff or other officer of
justice, and commanding the sheriff or other officer to search for and bring
before the judge or magistrate[
,] the property or articles
specified in the affidavit, to be disposed of according to justice, and also to
bring before the judge or magistrate for examination the person in whose
possession the property or articles may be found. The warrant shall identify
any individual or entity authorized pursuant to section 803-37 to provide
technical assistance to the officer."
SECTION 3. Section 803-35, Hawaii Revised Statutes, is amended to read as follows:
"§803-35 Deputies or police
officers may serve. If the search warrant is directed to a sheriff or
chief of police, it may be executed by the sheriff or chief of police or any of
the sheriff's deputies or [
chief's deputies.] the chief's
police officers. An individual or entity authorized pursuant to section 803-37
to provide technical assistance may assist a deputy or police officer."
SECTION 4. Section 803-37, Hawaii Revised Statutes, is amended to read as follows:
"§803-37 Power of officer serving.
The officer charged with the warrant, if a house, store, or other building is
designated as the place to be searched, may enter it without demanding
permission if the officer finds it open. If the doors are shut, the
must] shall declare the officer's office and the
officer's business[ ,] and demand entrance. If the doors, gates, or
other bars to the entrance are not immediately opened, the officer may break
them. When entered, the officer may demand that any other part of the house,
or any closet[ ,] or other closed place in which the officer has reason
to believe the property is concealed, may be opened for the officer's
inspection, and if refused the officer may break them. If an electronic
device or storage media is designated as the item to be searched, the court may
authorize the officer to obtain technical assistance from individuals or
entities, located within or outside the State, in the examination of the item;
provided that the officer shall submit a sworn statement to the judge or
magistrate, certifying the reliability and qualifications of the individuals or
entities and the reason their assistance is necessary; provided further that no
individual or entity shall be compelled to provide technical assistance without
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Honolulu Prosecuting Attorney Package; Search Warrants; Technical Assistance
Allows courts to authorize a person or entity other than a deputy or an officer to provide technical assistance in executing a search warrant that pertains to an electronic device or storage media. (HB300 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.