Bill Text: HI SB15 | 2010 | Regular Session | Amended

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Bill Title: Power of Arrest; Federal Officers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB15 Detail]

Download: Hawaii-2010-SB15-Amended.html

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STAND. COM. REP. NO. 511

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 15

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 15 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose of this measure is to update references to federal agencies that have warrantless search powers.

 

     Your Committee notes that there are three federal agencies that could potentially be invested with possible warrantless search powers; United States Customs and Border Protection; United States Citizenship and Immigration Services; and United States Immigration and Customs Enforcement.

 

     According to official websites, the United States Immigration and Customs Enforcement has jurisdiction over a range of federal criminal offenses.  The United States Citizenship and Immigration Services oversees lawful immigration to the United States while ensuring no one is admitted who is a threat to public safety.  The United States Customs and Border Protection deals with terrorists, enforces immigration and drug laws, and protects trade and travel.

 

     Your Committee has amended this measure by:

 

(1)  Allowing only officers of the United States Customs and Border Protection Service agency to make arrests without a warrant and removing references to the Citizenship and Immigration Services agency;

 

(2)  Correcting the reference to the United States Customs and Border Protection agency; and

 

(3)  Changing the effective date to July 1, 2050 to continue discussions.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 15, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 15, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

		____________________________ BRIAN T. TANIGUCHI, Chair