CONFERENCE COMMITTEE REP. NO. 54

 

Honolulu, Hawaii

                 , 2013

 

RE:    H.B. No. 622

       H.D. 1

       S.D. 1

       C.D. 1

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir and Madam:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 622, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO EVIDENCE,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to protect the freedom of the press by:

 

(1)  Making permanent the news media privilege; and

 

(2)  Clarifying and defining the applicability of the privilege.

 

     Your Committee on Conference has amended this measure by:

 

(1)  Reinstating the provision that extends the privilege to unpublished information obtained or prepared by certain persons while employed or professionally associated in the course of gathering, receiving, or processing information for communication to the public;

 

(2)  Removing the news-media-privilege exception with respect to defendants in criminal cases who have a constitutional right to the information sought, because any constitutional right such defendants have will prevail over the statute, thus making it unnecessary to amend the existing privilege; and

 

(3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 622, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 622, H.D. 1, S.D. 1, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

_________________________________

CLAYTON HEE, Chair

 

___________________________

KARL RHOADS, Chair

_________________________________

MAILE S.L. SHIMABUKURO, Co-Chair