STAND. COM. REP. NO.  1657-16


Honolulu, Hawaii

                , 2016


RE:   S.B. No. 2439

      S.D. 1

      H.D. 1




Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii




     Your Committee on Finance, to which was referred S.B. No. 2439, S.D. 1, entitled:




begs leave to report as follows:


     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 to include a person making a video or audio recording or taking a photograph of a law enforcement officer in the performance of the officer's 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 public safety and order.


     The American Civil Liberties Union testified in support of this measure.  The Department of the Attorney General testified in opposition to this measure.  A concerned individual provided comments.


     Your Committee has amended this measure by changing its effective date to July 1, 2030, to encourage further discussion.

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


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