HB2458

HOUSE OF REPRESENTATIVES	H.B. NO.	2458
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT.

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

SECTION 1. The legislature passed Act 278, Session Laws of Hawaii 2022, that established a new department of law enforcement to consolidate and administer state criminal law enforcement and investigations of various state departments. The legislature finds that in order for the department to fully exercise investigative powers it must have subpoena powers. The purpose of this Act is to clarify that the director of law enforcement has authority to issue subpoenas as part of the investigative powers of the department.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Investigations. (a) The director shall 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.

(b) The director, when conducting a civil, administrative, or criminal investigation, may, subject to the privileges enjoyed by all witnesses in this State, subpoena witnesses, examine them under oath, and require the production of any books, papers, documents, or other objects designated therein or any other record however maintained, including those electronically stored, which are relevant or material to the investigation.

(1) Shall state the name of the issuing authority and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein, and may also command the person to whom it is directed to produce books, papers, documents, or other objects specifically designated therein;

(2) May be served by any law enforcement officer as defined in section 139-1 at any place within the State but subject to the jurisdiction of the issuing law enforcement officer serving the subpoena;

(3) Shall require attendance of the witness only in the county wherein the witness is served with the subpoena or at such other place as is agreed upon by the witness and the department; provided that, if the subpoena is served in a county other than that in which the witness resides or is employed or transacts the witness' business in person, the department shall bear the expense of travel by the witness to and attendance at the place named in the subpoena to the same extent as provided by the rules of court; and

(4) Shall contain a short, plain statement of the recipient's rights and the procedure for enforcing and contesting the subpoena.

(d) The department shall pay to a financial institution that is served a subpoena issued under this section a fee for reimbursement of such costs as are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, documents, or other objects designated by the subpoena. Reimbursement shall be paid at the rate of $15 per hour for research time and 50 cents per page for reproduction.

(e) Upon application by the attorney general on behalf of the department, a circuit court of the county wherein the witness resides or is found may compel obedience to the subpoena; provided that the court, on motion promptly made, may quash or modify the subpoena if compliance would be unreasonable or oppressive or violate any privilege the witness may be entitled to exercise in a court proceeding.

(f) Compliance with a subpoena issued pursuant to this section shall not give rise to a civil action for damages by an individual or entity as to whom testimony has been given or documents or other things provided in compliance with the subpoena."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act, upon its approval, shall take effect on July 1, 2024.

INTRODUCED BY:

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BY REQUEST