REPORT TITLE:
Pol. Roadblocks; Procs.


DESCRIPTION:
Provides that failure to comply scrupulously with police
procedures that exceed the minimum statutory roadblock
requirements will not invalidate a roadblock that otherwise meets
the minimum statutory criteria. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        674
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO POLICE ROADBLOCK PROGRAMS.
 


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

 1      SECTION 1.  In State v. Fedak, 9 Haw. App. 98 (1992), the
 
 2 Hawaii intermediate court of appeals ruled that police roadblock
 
 3 procedures exceeding the minimum statutory roadblock
 
 4 requirements, as set out in section 286-162.6, Hawaii Revised
 
 5 Statutes, must be "scrupulously" followed and that failure to do
 
 6 so will result in a determination that motor vehicles stopped at
 
 7 such a roadblock have been improperly seized.  The legislature
 
 8 finds and declares that it did not intend this outcome in
 
 9 enacting sections 286-162.5 and 286-162.6 of the Hawaii Revised
 
10 Statutes.  Accordingly, the purpose of this Act is to clarify
 
11 that police roadblocks need only meet the statutory requirements
 
12 of section 286-162.6, Hawaii Revised Statutes, for proper
 
13 seizures of motor vehicles.
 
14      SECTION 2.  Section 286-162.5, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "286-162.5  Authorization to establish intoxication and
 
17 drug control roadblock programs.  The police departments of the
 
18 respective counties are authorized to establish and implement
 
19 intoxication and drug control roadblock programs in accordance
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 with the minimum standards and guidelines provided in
 
 2 section 286-162.6.  The chief of police in any county
 
 3 establishing an intoxication and drug control roadblock program
 
 4 pursuant to this section shall specify the procedures to be
 
 5 followed in carrying out the program in rules adopted under
 
 6 chapter 91; provided that the procedures shall be in conformity
 
 7 with and not more intrusive than the standards and guidelines
 
 8 described in section 286-162.6.  Failure to comply scrupulously
 
 9 with police procedures that exceed the minimum statutory
 
10 roadblock requirements shall not invalidate a roadblock that
 
11 otherwise meets the minimum statutory criteria provided in
 
12 section 286-162.6."
 
13      SECTION 3.  New statutory material is underscored.
 
14      SECTION 4.  This Act shall take effect upon its approval.
 
15