Hawaii 2025 Regular Session

Hawaii House Bill HB391 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 391 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 391
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	391
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATION.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 803-46, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a designated judge [and shall be accompanied by a written memorandum recommending approval or disapproval by the department of the attorney general]. The application shall state the applicant's authority to make the application. The term "designated judge" as used in this section shall not only mean a circuit court judge specifically designated by the chief justice of the Hawaii supreme court, but shall also mean any circuit court judge or district court judge, if no circuit court judge has been designated by the chief justice or is otherwise unavailable. Each application shall include the following information: (1) The identity of the investigative or law enforcement officer or officers requesting the application, the official or officials applying for an order; (2) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify the applicant's belief that an order should be issued, including: (A) Details as to the particular offense that has been, is being, or is about to be committed; (B) Except as provided in subsection (j), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; (C) A particular description of the type of communications sought to be intercepted; (D) The identity or descriptions of all persons, if known, committing the offense and whose communications are to be intercepted; and (E) Where appropriate, the involvement of organized crime; (3) A full and complete, but not unduly technical or complex, statement of the facts concerning how the interception is to be accomplished, and if physical entry upon private premises is necessary, facts supporting the necessity; (4) A full and complete statement of facts as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; (5) A statement of facts indicating the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; (6) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any designated judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the designated judge on each application; and (7) When the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain any results." SECTION 2. Statutory material to be repealed is bracketed and stricken. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. Section 803-46, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(a) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a designated judge [and shall be accompanied by a written memorandum recommending approval or disapproval by the department of the attorney general]. The application shall state the applicant's authority to make the application. The term "designated judge" as used in this section shall not only mean a circuit court judge specifically designated by the chief justice of the Hawaii supreme court, but shall also mean any circuit court judge or district court judge, if no circuit court judge has been designated by the chief justice or is otherwise unavailable. Each application shall include the following information:
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53	53	(1) The identity of the investigative or law enforcement officer or officers requesting the application, the official or officials applying for an order;
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55	55	(2) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify the applicant's belief that an order should be issued, including:
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57	57	(A) Details as to the particular offense that has been, is being, or is about to be committed;
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59	59	(B) Except as provided in subsection (j), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
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61	61	(C) A particular description of the type of communications sought to be intercepted;
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63	63	(D) The identity or descriptions of all persons, if known, committing the offense and whose communications are to be intercepted; and
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65	65	(E) Where appropriate, the involvement of organized crime;
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67	67	(3) A full and complete, but not unduly technical or complex, statement of the facts concerning how the interception is to be accomplished, and if physical entry upon private premises is necessary, facts supporting the necessity;
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69	69	(4) A full and complete statement of facts as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
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71	71	(5) A statement of facts indicating the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
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73	73	(6) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any designated judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the designated judge on each application; and
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75	75	(7) When the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain any results."
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77	77	SECTION 2. Statutory material to be repealed is bracketed and stricken.
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79	79	SECTION 3. This Act shall take effect upon its approval.
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83	83	INTRODUCED BY: _____________________________
84	84	By Request
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86	86	INTRODUCED BY:
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88	88	_____________________________
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92	92	By Request
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94	94	Report Title: Honolulu Prosecuting Attorney Package; Criminal Offenses; Wiretapping Authorization Description: Removes requirement that all wiretapping applications made to a designated judge be accompanied by a written memorandum from the Department of the Attorney General recommending approval or disapproval. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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102	102	Report Title:
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104	104	Honolulu Prosecuting Attorney Package; Criminal Offenses; Wiretapping Authorization
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108	108	Description:
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110	110	Removes requirement that all wiretapping applications made to a designated judge be accompanied by a written memorandum from the Department of the Attorney General recommending approval or disapproval.
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118	118	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.