STAND. COM. REP. NO. 1616

Honolulu, Hawaii

RE: H.B. No. 1502

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1502, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EVIDENCE,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Limit compelled disclosure of sources or unpublished information for journalists, newscasters, and persons participating in the collection or dissemination of news or information of substantial public interest; and

(2) Establish exceptions.

Your Committee received testimony in support of this measure from two individuals. Your Committee received testimony in opposition to this measure from two individuals.

Prior to decision making on this measure, your Committee made available for public review a proposed S.D. 1 of this measure. The proposed S.D. 1 retained the content of this measure and also inserted provisions that specified that the privilege for journalists, newscasters, and persons participating in the collection or dissemination of news or information of substantial public interest shall be claimed by them and shall not be claimed by persons who were the source of information.

Your Committee received testimony in support of the proposed S.D. 1 from the League of Women Voters of Hawaii, Big Island Press Club, Society of Professional Journalists Hawaii Chapter, and one individual. Your Committee received comments on the proposed S.D. 1 from the Judiciary.

Your Committee finds that Act 210, Session Laws of Hawaii 2008 (Act 210), temporarily established a limited news media privilege against the compelled disclosure of sources and unpublished information to a legislative, executive, or judicial officer or body, or to any other person who may compel testimony. Subsequently, Act 113, Session Laws of Hawaii 2011, extended the repeal date of Act 210 from June 30, 2011, to June 30, 2013, and required the Judiciary, through the Supreme Court Standing Committee on the Rules of Evidence, to report to the Legislature and make recommendations. In December 2011, the Supreme Court Standing Committee on the Rules of Evidence submitted a report to the Legislature recommending that the sunset provision under Act 210 be repealed and the news media privilege be codified under chapter 621, Hawaii Revised Statutes. This measure enacts the recommendation of the Supreme Court Standing Committee on the Rules of Evidence by enacting a permanent news media privilege.

Your Committee has amended this measure by:

(1) Adopting the proposed S.D. 1; and

(2) Inserting an effective date of March 22, 2075, to encourage further discussion.

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 H.B. No. 1502, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1502, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

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

________________________________

KARL RHOADS, Chair