STAND. COM. REP. NO. 882

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 674
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
674, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO POLICE ROADBLOCK PROGRAMS,"

begs leave to report as follows:

     The purpose of this measure is to clarify that a police
roadblock is not invalidated by a failure to comply with internal
police procedures that exceed the minimum statutory roadblock
requirements.

     Your Committee finds that internal police procedures for
roadblocks, which may relate to points as minor as the color of
vest to be worn by officers at the roadblock, should not be
treated as having the weight of law for the purpose of
determining the legal validity of a roadblock.  However, your
Committee notes that rules adopted pursuant to Chapter 91, Hawaii
Revised Statutes (HRS), after the public review and hearing
process provided for by that chapter, should be followed after
their adoption and may fairly be treated as requirements for a
legally valid roadblock.

     Testimony in support of this measure was submitted by the
Department of Transportation, the Department of the Prosecuting
Attorney for the City and County of Honolulu,  the Honolulu
Police Department, the Governor's Highway Safety Council Impaired
Driving Task Force, and Mothers Against Drunk Driving.  Testimony
in support of this measure with an amendment was submitted by the
Office of the Public Defender.

 
a                                                     
                                   STAND. COM. REP. NO. 882
                                   Page 2


     Upon further consideration, your Committee has amended this
bill by:

     (1)  Clarifying that the measure deals with the failure to
          follow internal police procedures not subject to HRS
          Chapter 91; and

     (2)  Amending the purpose section of the bill to reflect
          that change.

     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.
674, S.D. 1, as amended herein, and recommends that it pass Third
Reading in the form attached hereto as S.B. No. 674, S.D. 2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a