STAND. COM. REP. NO. 2759

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2290

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2290, S.D. 1, entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to prohibit state and county law enforcement agencies from complying with federal immigration detainers or honoring requests for non-public information unless specifically required to do so by a warrant signed by a judge or federal, state, or local law.

 

     Your Committee received testimony in support of this measure from IMUAlliance; Hawaii J-20+; Hawaii State Democratic Women's Caucus; Planned Parenthood Votes Northwest and Hawaii; 808RAN, Filipino American Citizens League; Hoomana Pono, LLC; Nursing Advocates and Mentors, Inc.; and thirty-two individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the County of Maui and five individuals.  Your Committee received comments on this measure from the Department of the Attorney General.

 

     Your Committee finds that there is no affirmative duty strictly provided in federal law for state and local law enforcement agencies to collect information regarding citizenship or immigration status of any individual or to participate in federal immigration enforcement actions unless required by a warrant, court order, or specific provision of law.  Under existing law, state and local law enforcement agencies may cooperate with federal immigration enforcement activities at the discretion of the agency.  This measure prohibits state and local law enforcement agencies from complying with federal immigration detainers or honoring requests for non-public information unless specifically required to do so by law or warrant.  Your Committee notes concerns raised by the testimony of the Department of the Attorney General regarding vague or ambiguous terminology, and specifically encourages discussion on the potential definition of "non-public information" as this measure progresses.

 

     Your Committee has amended this measure by:

 

     (1)  Clarifying that law enforcement agencies may disclose information, not limited to an individual's criminal arrest or convictions, where permitted by state law or required pursuant to subpoena or court order;

 

     (2)  Requiring law enforcement agencies to allow access to individuals in custody in the same circumstances in which the law enforcement agency would be required to honor requests for information under this measure; and

 

     (3)  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 that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2290, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2290, S.D. 2.

 

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

 

 

 

________________________________

BRIAN T. TANIGUCHI, Chair