THE SENATE

S.B. NO.

1015

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PRODUCTION OF RECORDS.

 

 

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

 


     SECTION 1.  Section 806D-4, Hawaii Revised Statutes, is amended to read as follows:

     "§806D-4  Service of process issued by or in another state.  When a [Hawaii recipient] person or business, as defined in section 487J-1, located in Hawaii, excluding any government agency, is properly served with process issued by or in another state[,] that commands the production of records in the actual or constructive possession of that person or business, and such process on its face purports to be a valid [criminal process,] process based on a pending criminal investigation or prosecution in that other state, the [Hawaii recipient] person or business shall comply with that process as if that process had been issued by a Hawaii court[.], provided that the person or business has conducted business or engaged in transactions occurring at least in part in the issuing state."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Records; Production of

 

Description:

Amends provisions of Act 325, Session Laws of Hawaii 2012, which allow for the service of process issued by another state upon a Hawaii recipient and clarifies the following:  (1) that the service of process may be upon a person or business, but not a government agency; (2) that the process is for the production of records; (3) that the process must be based upon a pending criminal investigation or prosecution; and (4) that the person or business being served must have conducted business or engaged in transactions occurring at least in part in the issuing state.

 

 

 

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