Bill Text: HI HB1008 | 2012 | Regular Session | Amended

Hawaii House Bill 1008 (Prior Session Legislation)

Bill Title: Power of Arrest; Federal Officers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1008 Detail]

Download: Hawaii-2012-HB1008-Amended.html

STAND. COM. REP. NO. 905

Honolulu, Hawaii

RE: H.B. No. 1008

H.D. 2

S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

Your Committee on Public Safety, Government Operations, and Military Affairs, to which was referred H.B. No. 1008, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE POWER OF ARREST,"

begs leave to report as follows:

The purpose and intent of this measure is to add the Federal Bureau of Investigation and United States Immigration and Customs Enforcement to, and delete Citizenship and Immigration Services from, the list of federal agencies whose officers may make arrests for certain offenses under state law. This measure also adds the proper titles of the heads of the district offices for those federal agencies.

Your Committee received testimony in support of this measure from the Department of the Attorney General. Your Committee received testimony in opposition to this measure from the City and County of Honolulu Police Department and American Civil Liberties Union of Hawai�i.

Testimony on this measure indicates that the United States Immigration and Customs Enforcement is the largest investigative branch of the Department of Homeland Security, and its special agents and officers are law enforcement officers who are authorized to carry weapons and make arrests.

Your Committee finds that the United States Immigration and Customs Enforcement and Federal Bureau of Investigation will be able to provide much needed support to state and county law enforcement efforts.

Your Committee has amended this measure by replacing its contents with those in S.B. No. 1235, a substantively similar measure which amends H.B. No. 1008, H.D. 2, by:

(1) Deleting the provision prohibiting evidence obtained as a result of arrest without a warrant from being admissible in judicial proceedings in a state court; and

(2) Making the measure effective upon approval.

As affirmed by the record of votes of the members of your Committee on Public Safety, Government Operations, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1008, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1008, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Government Operations, and Military Affairs,

____________________________

WILL ESPERO, Chair