Bill Text: HI HB2458 | 2024 | Regular Session | Amended
Bill Title: Relating To The Department Of Law Enforcement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-07-02 - Act 132, 07/01/2024 (Gov. Msg. No. 1233). [HB2458 Detail]
Download: Hawaii-2024-HB2458-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2458 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Require the director of law enforcement to investigate alleged violations of the law when directed to do so by the governor or when the director determines that an investigation would be in the public interest; and
(2) Authorize the director of law enforcement to issue subpoenas as part of the investigative powers of the department of law enforcement.
SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353C-
Investigations. (a) The director shall investigate alleged
violations of the law when directed to do so by the governor or when the
director determines that an investigation would be in the public interest.
(b)
The director, when conducting a civil,
administrative, or criminal investigation, may, subject to the privileges
enjoyed by all witnesses in the State, subpoena witnesses, examine them under
oath, and require the production of any books, papers, documents, or other
objects designated therein or any other record however maintained, including
those electronically stored that are relevant or material to the investigation.
(c)
A subpoena issued under subsection (b):
(1) Shall state the name of the issuing
authority and command each person to whom it is directed to attend and give
testimony at the time and place specified therein, and may also command the
person to whom it is directed to produce books, papers, documents, or other
objects specifically designated therein;
(2) May be served by any law enforcement
officer as defined in section 139-1 at any place within the State but subject
to the jurisdiction of the issuing law enforcement officer serving the
subpoena;
(3) Shall require attendance of the
witness only in the county wherein the witness is served with the subpoena or
at any other place as is agreed upon by the witness and department; provided
that, if the subpoena is served in a county other than that in which the
witness resides, is employed, or transacts the witness' business in person, the
department shall bear the expense of travel by the witness to and attendance at
the place named in the subpoena to the same extent as provided by the rules of
court; and
(4) Shall contain a short, plain statement
of the recipient's rights and the procedure for enforcing and contesting the
subpoena.
(d)
The department shall pay to a financial
institution that is served a subpoena issued under this section a fee for
reimbursement of the costs as are necessary and that have been directly
incurred in searching for, reproducing, or transporting books, papers,
documents, or other objects designated by the subpoena. Reimbursement shall be paid at the rate of $15
per hour for research time and 50 cents per page for reproduction.
(e)
Upon application by the attorney general
on behalf of the department, a circuit court of the county wherein the witness
resides or is found may compel obedience to the subpoena; provided that the
court, on motion promptly made, may quash or modify the subpoena if compliance
would be unreasonable, oppressive, or violate any privilege the witness may be
entitled to exercise in a court proceeding.
(f) Compliance with a subpoena issued pursuant to this section shall not give rise to a civil action for damages by an individual or entity as to whom testimony has been given or books, papers, documents, or other objects provided in compliance with the subpoena."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on April 14, 2112.
Report Title:
Department of Law Enforcement; Subpoena Powers
Description:
Clarifies that the Director of Law Enforcement has authority to issue subpoenas as part of the investigative powers of the Department of Law Enforcement. Takes effect 4/14/2112. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
