Bill Text: HI SB1015 | 2014 | Regular Session | Amended
Bill Title: Records; Production; Out of State Service of Process
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-08 - Act 219, 7/7/2014 (Gov. Msg. No. 1329). [SB1015 Detail]
Download: Hawaii-2014-SB1015-Amended.html
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THE SENATE |
S.B. NO. |
1015 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO PRODUCTION OF RECORDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 806D-1, Hawaii Revised Statutes, is amended by amending the definition of "recipient" to read as follows:
""Recipient" means a person, as
defined in section 701-118, or a business, as defined in section 487J-1, that
has conducted business or engaged in transactions or activities
occurring at least in part in [this State] the state from which
process was issued upon whom [criminal] process [issued under
this chapter] is properly served."
SECTION 2. Section 806D-4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§806D-4[]]
Service of process issued by or in another state. (a) When a Hawaii recipient is properly
served with process issued by or in another state[,] that commands
the production of records in the actual or constructive possession of that person
or business, and such process on its face purports to be a valid [criminal
process,] process based on a pending criminal investigation or
prosecution in that other state, the Hawaii recipient shall comply with
that process as if that process had been issued by a Hawaii court[.];
provided that the issuing state has a statute authorizing the production of
records held by out-of-state persons or businesses.
(b) The service of process issued by or in another state shall include the following information:
(1) The name, office, business address, telephone number, and electronic mail address of the person applying for the issuance of the service of process;
(2) The statute authorizing the production of records held by out-of-state persons or businesses; and
(3) The relevant criminal statutes upon which the pending investigation or prosecution is based.
(c) As used in this section, "Hawaii recipient" means a recipient who is physically present in the State of Hawaii."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Records; Production; Out of State Service of Process
Description:
Clarifies the criminal process records law relating to the service of process issued by or in another state upon a Hawaii recipient by specifying upon whom the service of process may be made, the type of process applicable, and information that shall be provided. Requires that the requesting state has a statute authorizing the production of records held by out-of-state persons or businesses. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
