THE SENATE

S.B. NO.

2523

THIRTIETH LEGISLATURE, 2020

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 353C-8.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The director shall have the discretion to withhold disclosure of [the decedent's name or] any information that is explicitly protected from disclosure by state or federal laws[.]; provided that if the director withholds any information protected from disclosure by one or more state or federal laws, the director shall include in the report required by subsection (a), the name of the decedent, a description of the circumstances and cause of death, and the state and federal laws that explicitly prohibit the disclosure of the information withheld pursuant to this subsection."

     SECTION 2.  The requirements of section 1 of this Act shall apply equally to any information subject to reporting pursuant to section 353C-8.5, Hawaii Revised Statutes, but that was previously withheld by the director of public safety on or after July 2, 2019, the effective date of Act 234, Session Laws of Hawaii 2019.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on June 18, 2050.



 

Report Title:

Department of Public Safety; Director of Public Safety; Corrections; Correctional Facilities; Community Correctional Centers; Death; Reporting Requirements; Disclosure

 

Description:

Authorizes the Director of Public Safety to withhold certain information regarding deaths at correctional facilities or community correctional centers.  Requires the director to include in the report regarding the death that is submitted to the governor the decedent's name and a description of the circumstances and cause of death of the individual.  Requires the director to cite any state and federal laws prohibiting disclosure of any information withheld.  Effective 6/18/2050.  (HD1)

 

 

 

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