HB2669

Report Title:

Public Records; Police Reports

Description:

Requires disclosure for public inspection reports of criminal investigations by police.

HOUSE OF REPRESENTATIVES	H.B. NO.	2669
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to public records.

 

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

SECTION 1. The legislature finds that when police respond to a crime scene, reports are written up by the officers and collected and filed for further use in a court case, if any. In certain situations victims of crimes may initiate their own report of an alleged crime, for insurance claims, or credit card fraud. However, sometimes the information collected about a criminal investigation is not readily available to the victim and family when they ask for information about progress in their case. The legislature further finds that paradoxically, some of the same information may be released to the media, or in the open courtroom. The purpose of this Act is to require the county police departments to disclose information from police crime reports and similar files; provided that the person requesting those files has a legitimate reason and follows rules developed by the police department.

SECTION 2. Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any provision to the contrary notwithstanding, each agency shall also disclose:

(1) Any government record, if the requesting person has the prior written consent of all individuals to whom the record refers;

(2) Government records which, pursuant to federal law or a statute of this State, are expressly authorized to be disclosed to the person requesting access;

(3) Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual;

(4) Government records requested pursuant to an order of a court;

(5) Government records pursuant to a subpoena from either house of the state legislature; [and]

(6) Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules[.]; and

(7) Information from police crime reports and similar files; provided that the person requesting those files can demonstrate a legitimate reason for needing the information as determined by rules adopted by the county police department."

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________