Hawaii Senate Bill SB1190

Hawaii 2022 Regular Session

• Introduced: 1/27/21
• Refer: 1/29/21
• Report Pass: 2/17/21
• Refer: 2/17/21

Caption

A Bill For An Act Relating To Public Safety.

Impact

The enactment of SB 1190 is expected to have a significant impact on the legal community in Hawaii, primarily by reducing the burden on law enforcement officers who previously handled such tasks. The introduction of independent civil process servers will allow for a more diversified and specialized approach to serving legal documents, which may lead to more timely and effective service. Additionally, the bill establishes clear regulations for these civil process servers, including criteria for disqualification based on criminal history and other legal restrictions, which aims to ensure that only qualified individuals are entrusted with this responsibility.

Summary

Senate Bill 1190 aims to enhance public safety by establishing a mechanism for the Department of Public Safety in Hawaii to maintain a list of independent civil process servers. This new provision will allow these independent servers to serve certain legal documents, streamlining the process of legal notification and improving efficiency across the judicial landscape. The bill amends several existing statutes under the Hawaii Revised Statutes, conferring specific responsibilities and qualifications for individuals seeking to be added to the Department's list of approved process servers.

Sentiment

The overall sentiment surrounding SB 1190 appears to be largely positive among legislators and the legal community. Supporters argue that the bill addresses an important need for more efficient methods of serving legal processes, and they anticipate that the measure will alleviate some pressures faced by law enforcement. However, there may also be concerns about the potential for fewer protections against unqualified individuals serving critical legal documents, sparking debate among some stakeholders who emphasize the importance of maintaining strict oversight in the process.

Contention

Notable points of contention within discussions of SB 1190 relate to the implications of allowing independent civil process servers to operate alongside law enforcement. Critics argue that while the intent of improving efficiency is commendable, there are risks involved, including ensuring that these individuals are adequately trained and monitored. Additionally, some stakeholders have raised questions about the effectiveness of the proposed vetting process for prospective civil process servers, citing concerns that insufficient screening could result in mishandling sensitive legal processes.