The primary impact of SB3 would be the establishment of a clear process for family members to request and receive a copy of the closing report from the investigating police department. According to the provisions, these family members, which include grandparents, parents, siblings, spouses, children, or legal guardians, would be entitled to receive the reports after a certain period—either after the conclusion of any related criminal proceedings, five years post report completion, or seven years after the incident, whichever comes first. This will enhance transparency and ensure that families are not left in uncertainty for prolonged periods.
Summary
Senate Bill 3 (SB3) proposes to amend the Hawaii Revised Statutes to establish guidelines for providing certain police reports to surviving immediate family members of deceased individuals who were subjects of law enforcement investigations. The intent of this bill is to facilitate access to the closing reports of investigations, which can help families obtain answers and potentially find closure regarding the circumstances surrounding their loved one's death. The bill recognizes the difficulties faced by families in obtaining these reports as illustrated by prior cases where families experienced extensive delays in accessing information from law enforcement.
Contention
Despite its supportive intentions, some concerns may arise around the limitations placed on when reports can be accessed, especially if an investigation is reopened within six months of a request. Opponents of similar legislation in the past have expressed concerns about the potential for obstructing ongoing investigations. There may also be discussions about whether the five to seven-year window is adequate or should be shorter, as families sometimes desire closure sooner. Balancing the need for transparency with the integrity of ongoing investigations will likely be a key topic of discussion among legislators.