STAND. COM. REP. NO. 2109

Honolulu, Hawaii

RE: S.B. No. 2236

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred S.B. No. 2236 entitled:

"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to require law enforcement to post notice that a search has been conducted on a property if a resident was not present at the time of the search and secure the entrances used by officers upon completion of the search.

Your Committee received testimony in support of this measure from the Office of the Public Defender and ACLU of Hawaiʻi.

Your Committee received comments on this measure from the Department of Law Enforcement.

Your Committee finds that the Hawaii State Constitution guarantees a more enhanced and robust right to privacy and right to be free from unreasonable searches and seizures than the United States Constitution. Your Committee further finds that there is a lack of safety and transparency regarding property searches, as officers are currently not required to secure entrances used or provide notice that a search has been conducted if the resident is absence during the search. In accordance with those rights provided in the Hawaii State Constitution, this measure will strengthen the right to privacy by increasing transparency and security throughout the search process.

Your Committee has amended this measure by:

(1) Clarifying that the notice requirement applies to warranted and warrantless searches;

(2) Requiring the notice to include the report number;

(3) Deleting the requirement that the officers involved be named in the notice; and

(4) 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 Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2236, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2236, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Intergovernmental and Military Affairs,

________________________________

GLENN WAKAI, Chair