STAND. COM. REP. NO. 3747

Honolulu, Hawaii

RE: H.B. No. 2458

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2458, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Director of Law Enforcement to investigate alleged violations of the law when directed to do so by the Governor or when the Director determines that an investigation would be in the public interest; and

(2) Authorize the Director of Law Enforcement to issue subpoenas as part of the investigative powers of the Department of Law Enforcement.

Your Committee received testimony in support of this measure from the Department of Law Enforcement.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee finds that, presently, the Director of Law Enforcement has subpoena powers to conduct investigations under the Uniform Controlled Substances Act. However, the Director of Law Enforcement's subpoena powers are not extended to other criminal law enforcement investigations, or to civil or administrative investigations, that the Department of Law Enforcement may conduct. Your Committee notes that the extension of these subpoena powers are necessary for the Department of Law Enforcement to enforce state laws and conduct thorough investigations. This measure will allow the Department of Law Enforcement to fulfill its statutory mandate to reduce crime and increase the safety and security of the public by clarifying that the Director of Law Enforcement has authority to issue subpoenas as part of the investigative powers of the Department of Law Enforcement.

Your Committee has amended this measure by:

(1) Inserting an effective date of April 14, 2112, to encourage further discussion; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

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. 2458, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2458, H.D. 1, S.D. 2.

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

________________________________

KARL RHOADS, Chair