REPORT TITLE:
Police Roadblocks; Procs.


DESCRIPTION:
Provides that, in the case of internal police procedures that do
not fall within the definition of "rule" under section 91-1(4),
failure to comply scrupulously with such internal police
procedures shall not invalidate a roadblock that otherwise meets
the minimum statutory criteria provided in section 286-162.6.
(HB4 CD1)

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D  1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO POLICE ROADBLOCK PROGRAMS.



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

 1      SECTION 1.  In State v. Fedak, 9 Haw. App. 98 (1992), the
 
 2 Hawaii intermediate court of appeals ruled that internal police
 
 3 roadblock procedures exceeding the minimum statutory roadblock
 
 4 requirements, as set out in section 286-162.6, Hawaii Revised
 
 5 Statutes (HRS), must be "scrupulously" followed and that failure
 
 6 to do so will result in a determination that motor vehicles
 
 7 stopped at such a roadblock have been improperly seized.  The
 
 8 legislature finds and declares that it did not intend this
 
 9 outcome in enacting sections 286-162.5 and 286-162.6 of the
 
10 Hawaii Revised Statutes.  Accordingly, the purpose of this Act is
 
11 to clarify that, in the case of internal police procedures that
 
12 do not fall within the definition of "rule" under section
 
13 91-1(4), failure to comply scrupulously with such internal police
 
14 procedures shall not invalidate a roadblock that otherwise meets
 
15 the minimum statutory criteria provided in section 286-162.6.
 
16      SECTION 2.  Section 286-162.5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "�286-162.5  Authorization to establish intoxication and
 
19 drug control roadblock programs.  The police departments of the
 

 
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                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1 

 
 1 respective counties are authorized to establish and implement
 
 2 intoxication and drug control roadblock programs in accordance
 
 3 with the minimum standards and guidelines provided in
 
 4 section 286-162.6.  The chief of police in any county
 
 5 establishing an intoxication and drug control roadblock program
 
 6 pursuant to this section shall specify the procedures to be
 
 7 followed in carrying out the program in rules adopted under
 
 8 chapter 91; provided that the procedures shall be in conformity
 
 9 with and not more intrusive than the standards and guidelines
 
10 described in section 286-162.6.  In the case of internal police
 
11 procedures that do not fall within the definition of "rule" under
 
12 section 91-1(4), failure to comply scrupulously with such
 
13 internal police procedures shall not invalidate a roadblock that
 
14 otherwise meets the minimum statutory criteria provided in
 
15 section 286-162.6."
 
16      SECTION 3.  New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
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