STAND. COM. REP. NO. 165

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 931
                                        




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.
931 entitled: 

     "A BILL FOR AN ACT RELATING TO WIRETAPPING AND ELECTRONIC
     SURVEILLANCE,"

begs leave to report as follows:

     The purpose of this bill is to repeal the current version of
Hawaii's electronic surveillance law and replace it with a more
comprehensive model patterned after the federal wiretap and
electronic surveillance law.

     Your Committee finds that the use of wiretaps and electronic
surveillance are effective tools to assist law enforcement
efforts to curtail violent crimes, organized crimes, drug
dealing, and illegal gambling.  Your Committee further finds that
there is no substitute for the quality and quantity of material
information and evidence that can be obtained through a wiretap
or other electronic surveillance.  Your Committee notes that
there is much concern over an individual's right to privacy,
however, your Committee believes that law enforcement agencies
will be judicious in choosing this investigative tool and abiding
by the many requirements imposed under this new statute.

     Testimony in support of this measure was submitted by the
Department of the Attorney General, the Department of the
Prosecuting Attorney of the City and County of Honolulu, and the
Honolulu Police Department.  Testimony in opposition to this
measure was submitted by the Office of the Public Defender.  The

 
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Office of the U.S. Attorney and the Office of Information
Practices submitted comments on this measure.

     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.
931 and recommends that it pass Second Reading and be referred to
the Committee on Ways and Means.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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