STAND. COM. REP. 580

Honolulu, Hawaii

, 2003

RE: H.B. No. 802

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 802 entitled:

"A BILL FOR AN ACT RELATING TO CHAPTER 711, HAWAII REVISED STATUTES,"

begs leave to report as follows:

The purpose of this bill is to redefine the offense of disorderly conduct and to expand the scope of privacy violations to include recording or broadcasting a person's intimate area underneath clothing if the recording or broadcast is done while the person is in a public place and if the person has not consented to the recording or broadcast.

The Department of the Prosecuting Attorney for the City and County of Honolulu and the Honolulu Police Department testified in support of the measure. The Office of the Public Defender expressed concerns.

Your Committee finds that advancement in technology has provided the opportunity for "video voyeurism" in public places. A change in the offense of violation of privacy will address the growing concern for the offensive practice of "upskirt photography."

Your Committee amended the bill by:

(1) Limiting the prohibition to records or broadcasts made covertly;

(2) Permitting the destruction of recordings made in violation of the misdemeanor offense of violation of privacy;

(3) Adding a savings clause; and

(4) Making technical and nonsubstantive changes for style and clarity.

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 H.B. No. 802, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 802, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

ERIC G. HAMAKAWA, Chair