Bill Text: HI SB2367 | 2014 | Regular Session | Introduced
Bill Title: Production of Records; Service of Process; Criminal Investigation; Criminal Prosecution
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-06 - Referred to JUD, referral sheet 28 [SB2367 Detail]
Download: Hawaii-2014-SB2367-Introduced.html
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THE SENATE |
S.B. NO. |
2367 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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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-1, Hawaii Revised Statutes, is amended by amending the definition of "recipient" to read as follows
""Recipient" means a person, as defined in section 701-118, or a business, as defined in section 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in this State upon whom criminal process issued under this chapter is properly served."
SECTION 2. Section 806D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§806D-4[]]
Service of process issued by or in another state. (a) 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:
(1) The person or business has conducted business or engaged in transactions or activities occurring at least in part in the issuing state;
(2) The issuing state has a statute authorizing the production of records held by out-of-state persons or businesses; and
(3) The issuing state has a statute that allows for the service of process issued by or in another state upon persons or businesses within the issuing state.
(b) The service of process issued by or in another state shall include the following information:
(1) The name, office, business address, telephone number, and electronic mail address of the person applying for the issuance of the service of process;
(2) The statute authorizing the production of records held by out-of-state persons or businesses; and
(3) The relevant criminal statutes upon which the pending investigation or prosecution is based."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Production of Records; Service of Process; Criminal Investigation; Criminal Prosecution
Description:
Amends the definition of "recipient", as related to service of process issued by another state, to clarify that the recipient who receives process issued in Hawaii must have conducted business or engaged in transactions or activities occurring at least in part in Hawaii. Amends provisions of chapter 806D, HRS, which allow for the service of process issued by another state upon a Hawaii recipient, to clarify that: (1) Service of process may be upon a person or business, but not a government agency; (2) The process is for the production of records; (3) The process must be based upon a pending criminal investigation or prosecution; and (4) The person or business being served must have conducted business or engaged in transactions or activities occurring at least in part in the issuing state. Requires the issuing state to have a statute authorizing the production of records by out-of-state persons or businesses and contain a reciprocity provision. Requires the process to include specified information.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
