STAND. COM. REP. NO.  1219-12

 

Honolulu, Hawaii

                , 2012

 

RE:   S.B. No. 2304

      S.D. 2

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2304, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO RIGHTS OF THE ACCUSED,"

 

begs leave to report as follows:

 

     The purpose of this measure is to improve the accuracy and reliability of eyewitness identifications in law enforcement investigations by, among other things, requiring the establishment of new eyewitness identification procedures by each county police department and all state investigative agencies identified by the Attorney General.

 

     The Office of Hawaiian Affairs, Office of the Public Defender, American Civil Liberties Union of Hawaii, Community Alliance on Prisons, Innocence Project, Hawaii Innocence Project, Ka Lei Maile Alii Hawaiian Civic Club, and two concerned individuals testified in support of this measure.  The Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, and Hawaii Police Department testified in opposition to this measure.  The Department of the Attorney General provided comments.


 

     Your Committee has amended this measure by extending for a year, the date by which each county police department and all state investigative agencies identified by the attorney general are required to adopt procedures for conducting live lineups and photo lineups.

 

     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 S.B. No. 2304, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2304, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

 

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

 

 

 

 

____________________________

GILBERT KEITH-AGARAN, Chair