Hawaii-2015-SB570-Introduced

SECTION 1. The legislature finds that Act 210, Session Laws of Hawaii 2008, temporarily established a news media privilege against the compelled disclosure of sources and unpublished information to a legislative, executive, or judicial officer or body, or to any other person who may compel testimony. Subsequently, Act 113, Session Laws of Hawaii 2011, extended the repeal date of Act 210, Session Laws of Hawaii 2008, from June 30, 2011, to June 30, 2013, and required the judiciary, through its standing committee on the rules of evidence, to report to the legislature and recommend whether to:

(1) Codify Act 210, Session Laws of Hawaii 2008, under chapter 621, Hawaii Revised Statutes, relating to evidence and witnesses, generally;

(2) Codify Act 210, Session Laws of Hawaii 2008, under chapter 626, Hawaii Revised Statutes, the Hawaii rules of evidence; or

(3) Allow Act 210, Session Laws of Hawaii 2008, to be repealed.

In December 2011, the supreme court standing committee on the rules of evidence submitted a report to the legislature recommending that the sunset provision under Act 210, Session Laws of Hawaii 2008, be repealed and the news media privilege be codified under chapter 621, Hawaii Revised Statutes, with suggestions for amendments.

In 2013, the legislature considered H.B. No. 622, C.D. 1 (2013), which would have:

(1) Enacted the recommendation made by the supreme court standing committee on the rules of evidence by repealing the sunset date of Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011, to make permanent the news media privilege; and

(2) Clarified and defined the applicability of Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011.

However, that measure did not pass and as a result Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011, was repealed on June 30, 2013.

The purpose of this Act is to:

(1) Re-enact Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011; and

(2) Incorporate amendments to Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011, that were included in H.B. No. 622, C.D. 1 (2013).

SECTION 2. Chapter 621, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§621- Limitation on compellable testimony from journalists and newscasters; exceptions. (a) A journalist or newscaster presently or previously employed by or otherwise professionally associated with any newspaper or magazine or any digital version thereof operated by the same organization, or any news agency, press association, wire service, or radio or television transmission station or network, shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:

(1) The source, or information that could reasonably be expected to lead to the discovery of the identity of the source, of any published or unpublished information obtained by the person while so employed or professionally associated in the course of gathering, receiving, or processing information for communication to the public; provided that the assertion of the privilege based on previous employment as a journalist or newscaster shall extend only to the information obtained during the previous period of employment; or

(2) Any unpublished information obtained or prepared by the person while so employed or professionally associated in the course of gathering, receiving, or processing information for communication to the public.

(b) This section shall not apply if:

(1) Probable cause exists to believe that the person claiming the privilege has committed, is committing, or is about to commit a crime;

(2) The person claiming the privilege has observed the alleged commission of a crime, but if:

(A) The interest in maintaining the privilege granted by this section outweighs the public interest in disclosure; and

(B) The commission of the crime is the act of communicating or providing the information or documents at issue,

then the privilege granted by this section may be asserted;

(3) There is substantial evidence that the source or information sought to be disclosed is material to the investigation, prosecution, or defense of a felony, potential felony, or serious crime involving unlawful injury to persons or animals, or to a civil action, and the source or information sought is:

(A) Unavailable, despite exhaustion of reasonable alternative sources;

(B) Noncumulative; and

(4) The information sought to be disclosed is critical to prevent serious harm to life or public safety; or

(5) The source consents to the disclosure of unpublished documents or other tangible materials provided by the source.

(d) For purposes of this section:

"Journalist" or "newscaster" means an individual who, for financial gain or livelihood, engages in the gathering, preparing, collecting, writing, editing, filming, taping, or photographing of news intended for a newspaper, magazine, news agency, press association, wire service, or radio or television station or network.

"Magazine" means a publication containing news that is published and distributed not less than four times a year either through print or digital means for at least one year with a paid circulation.

"News agency" means a commercial organization that collects and supplies news to subscribing newspapers, magazines, or radio or television broadcasters.

"Newspaper" means a paper with a paid circulation that is printed and distributed not less than once a week for at least one year and contains news; articles of opinion, such as editorials, features, and advertising; or other matters of current interest.

"Press association" means an association of newspapers or magazines formed to gather and distribute news to its members.

"Wire service" means a news agency that distributes syndicated news copy by wire to subscribing newspapers, magazines, or radio or television broadcasters."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval and shall be repealed on January 1, 2018.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	570
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII