Bill Text: HI SB1182 | 2013 | Regular Session | Amended


Bill Title: Department of Public Safety; Judiciary; Service of Process

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB1182 Detail]

Download: Hawaii-2013-SB1182-Amended.html

 

 

STAND. COM. REP. NO. 426

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1182

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Public Safety, Intergovernmental and Military Affairs, to which was referred S.B. No. 1182 entitled:

 

"A BILL FOR AN ACT RELATING TO THE SERVICE OF PROCESS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to update the Hawaii Revised Statutes to permit law enforcement officers and other persons authorized by the courts to serve legal process.

 

     Your Committee received testimony in support of this measure from the Department of Public Safety.  Your Committee received testimony in opposition to this measure from the Judiciary.

 

Your Committee finds that process servers play an important role in facilitating a timely judicial process and protecting public safety.  By permitting more individuals who are duly authorized and qualified to serve legal process, this measure will improve efficiency and timeliness of the process.  However, your Committee also finds that the duties of process servers need more clarification by the Department of Public Safety.

 

     Your Committee has amended this measure by:

 

     (1)  Establishing a working group to define and delineate the duties and responsibilities of process servers under the jurisdiction of the Department of Public Safety; create a process to obtain certification for the Sheriff Division from the Commission on Accreditation for Law Enforcement Agencies, Inc., to ensure that proper law enforcement policies and procedures are enacted and followed; create a process of registration for process servicers in the State; and address other issues deemed relevant by the working group or by the Department of Public Safety;

 

     (2)  Deleting references to "other person authorized by the court" from those persons permitted to serve process; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1182, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1182, 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, Intergovernmental and Military Affairs,

 

 

 

____________________________

WILL ESPERO, Chair

 

 

 

 

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