Bill Text: HI SB2911 | 2010 | Regular Session | Amended

---

Bill Title: Power of Arrest; Federal Officers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-03-04 - (H) Referred to JUD, referral sheet 37 [SB2911 Detail]

Download: Hawaii-2010-SB2911-Amended.html

---

 

 

STAND. COM. REP. NO. 2612

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2911

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 2911, S.D. 1, 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 clarify the warrantless arrest powers under state law for the Federal Bureau of Investigation and Immigration and Customs Enforcement, to extend to these agencies the same arrest powers granted to the United States Customs and Border Protection Service and Citizenship and Immigration Services, and to update references to these agencies' names and personnel titles.

 

     Your Committee received written comments in support of this measure from the Department of the Attorney General.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure provides heightened security by enhancing federal law enforcement authority in this State.  Federal agencies commonly make direct first hand contact with criminal suspects, in circumstances that cannot await the obtaining of an arrest warrant.  However, your Committee finds that these arrest powers should only be extended to the Federal Bureau of Investigation and not to Immigration and Customs Enforcement officers.  Further, as noted in testimony from the Department of the Attorney General, inclusion of the Citizenship and Immigration Services officers is inappropriate, as those officers do not have authority under federal law to arrest aliens.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting reference to Immigration and Customs Enforcement officers;

 

     (2)  Removing reference to Citizenship and Immigration Services officers, as recommended by the Department of the Attorney General; and

 

     (3)  Clarifying that any evidence obtained from a warrantless arrest by the named federal agencies is not admissible as evidence in state court. 

 

     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. 2911, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2911, S.D. 2.

 

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

 

		____________________________ BRIAN T. TANIGUCHI, Chair