SB 112: Police Reports; Access; Investigation; Police Department

A BILL FOR AN ACT

RELATING TO POLICE REPORTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the death of a family member where the incident led to law enforcement initiating an investigation may raise many questions for the surviving family members even years later.  Law enforcement's investigation and the ensuing report may provide some answers and perhaps even closure for a family.  The legislature further finds that obtaining this information can be difficult.  For one Hawaii family whose son was murdered, it took seventeen years and repeated assistance from a state legislator's office to receive the closing report.  For another family whose son was killed during an incident involving law enforcement, the family still has not received a copy of the report more than five years after the incident despite state legislator involvement.

     The purpose of this Act is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a specified period of time.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Request for copy of police report by a surviving immediate family member.  (a)  Each surviving immediate family member of a deceased person for whom law enforcement initiated an investigation shall, upon request, be provided a copy of the closing report prepared by the investigating police department, upon the conclusion of any criminal proceedings related to the incident, the passage of five years after the report has been completed, or the passage of seven years after the underlying incident, whichever occurs first; provided that if the investigation has been reopened in the six months before the request, the investigating police department shall not be required to provide a copy of the report to the family member while the investigation is ongoing; provided further that upon the conclusion of the reopened investigation there shall be no further delay in providing a copy of the report to the requesting family member.

     (b)  The closing report shall be provided via electronic means or in physical paper form, at the requester's preference.

     (c)  All information pertaining to minors and confidential personal information shall be redacted from the closing report when the report is released.

     (d)  This section shall not diminish any right of a surviving immediate family member or any other person to receive a copy of any portion of a police report or any other government record at any other time.

     (e)  For the purposes of this section:

     "Closing report" means the final report or similar summary of the investigation that is prepared by the assigned police detective in the normal course of investigating the incident.

     "Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of the deceased person."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Police Reports; Access; Investigation; Police Department

Description:

Allows surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a specified period of time.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO POLICE REPORTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the death of a family member where the incident led to law enforcement initiating an investigation may raise many questions for the surviving family members even years later.  Law enforcement's investigation and the ensuing report may provide some answers and perhaps even closure for a family.  The legislature further finds that obtaining this information can be difficult.  For one Hawaii family whose son was murdered, it took seventeen years and repeated assistance from a state legislator's office to receive the closing report.  For another family whose son was killed during an incident involving law enforcement, the family still has not received a copy of the report more than five years after the incident despite state legislator involvement.

     The purpose of this Act is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department upon the conclusion of all criminal proceedings related to the incident.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Request for copy of police report by a surviving immediate family member.  (a)  Each surviving immediate family member of a deceased person for whom law enforcement initiated an investigation shall, upon request, be provided a copy of the closing report prepared by the investigating police department, upon the conclusion of all criminal proceedings related to the incident.

     (b)  The closing report shall be provided via electronic means or in physical paper form, at the requester's preference.

     (c)  All information pertaining to minors and confidential personal information shall be redacted from the closing report when the report is released.

     (d)  This section shall not diminish any right of a surviving immediate family member or any other person to receive a copy of any portion of a police report or any other government record at any other time.

     (e)  For the purposes of this section:

     "Closing report" means the final report or similar summary of the investigation that is prepared by the assigned police detective in the normal course of investigating the incident.

     "Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of the deceased person."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Police Reports; Access; Investigation; Police Department

Description:

Allows surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department upon the conclusion of all criminal proceedings related to the incident.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to police reports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the death of a family member where the incident led to law enforcement initiating an investigation may raise many questions for the surviving family members even years later.  Law enforcement's investigation and the ensuing report may provide some answers and perhaps even closure for a family.  The legislature further finds that obtaining this information can be difficult.  For one Hawaiʻi family whose son was murdered, it took seventeen years and repeated assistance from a state legislator's office to receive the closing report.  For another family whose son was killed during an incident involving law enforcement, the family still has not received a copy of the report more than five years after the incident despite state legislator involvement.

     The purpose of this Act is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a specified period of time.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Request for copy of police report by a surviving immediate family member.  (a)  Each surviving immediate family member of a deceased person for whom law enforcement initiated an investigation shall, upon request, be provided a copy of the closing report prepared by the investigating police department, upon the conclusion of any criminal proceedings related to the incident, the passage of five years after the report has been completed, or the passage of seven years after the underlying incident, whichever occurs first; provided that if the investigation has been reopened in the six months before the request, the investigating police department shall not be required to provide a copy of the report to the family member while the investigation is ongoing; provided further that upon the conclusion of the reopened investigation there shall be no further delay in providing a copy of the report to the requesting family member.

     (b)  The closing report shall be provided via electronic means or in physical paper form, at the requester's preference.

     (c)  This section shall not diminish any right of a surviving immediate family member or any other person to receive a copy of any portion of a police report or any other government record at any other time.

     (d)  For the purposes of this section:

     "Closing report" means the final report or similar summary of the investigation that is prepared by the assigned police detective in the normal course of investigating the incident.

     "Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of the deceased person."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Police Reports; Access; Investigation; Police Department

Description:

Allows surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a specified period of time.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1656

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 112

      S.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 112, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO POLICE REPORTS,"

begs leave to report as follows:

     The purpose of this measure is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a certain period of time elapses.

     Your Committee received testimony in support of this measure from two individuals.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Police Department; Department of the Prosecuting Attorney for the City and County of Honolulu; and two individuals.  Your Committee received comments on this measure from the Office of Information Practices.

     Your Committee finds that when a family loses a loved one under circumstances requiring a law enforcement investigation, unanswered questions can linger for years, prolonging their grief and uncertainty.  Access to the investigative closing report can provide critical information and, in some cases, a sense of closure.  However, obtaining these reports is often an arduous process, with some families waiting years to receive them.  This measure ensures that surviving immediate family members can obtain the closing report of a law enforcement investigation into their relative's death within a specified timeframe, providing greater transparency and support for grieving families.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 112, S.D. 2, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO. 732

Honolulu, Hawaii

RE:    S.B. No. 112

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 112, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO POLICE REPORTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department upon the conclusion of all criminal proceedings related to the incident.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee received testimony in opposition to this measure from the Honolulu Police Department.

     Your Committee received comments on this measure from the Public First Law Center.

     Your Committee finds that when a family member dies in an incident that leads to a law enforcement investigation, the surviving family members may continue to have questions long after law enforcement closes their investigation.  Your Committee further finds that it can often take several years for surviving family members to obtain a copy of the closing report prepared by the law enforcement agency at the conclusion of the agency's investigation.  This measure will ensure that surviving family members receive the closing report of a law enforcement investigation into a family member's death within a certain period of time.

     Your Committee notes that unsolved cases may remain open and unconcluded for years or even decades.  Your Committee therefore believes that establishing a set timeline for surviving immediate family members to receive a copy of the closing report of a deceased loved one is critical to ensure that the family actually receives the report.

     Accordingly, your Committee has amended this measure by:

     (1)  Inserting language that requires the investigating police department to provide a copy of the closing report after a specified period of time; and

     (2)  Amending section 1 to reflect its amended purpose.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 112, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 112, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 35

Honolulu, Hawaii

RE:    S.B. No. 112

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 112 entitled:

"A BILL FOR AN ACT RELATING TO POLICE REPORTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow surviving immediate family members of deceased persons for whom law enforcement initiated an investigation to receive a copy of the closing report prepared by the investigating police department after a specified period of time.

     Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that families and individuals grieving the loss of loved ones who have died in manners that resulted in police investigations, such as victims of violent crimes, often need closure in the form of accessing information regarding the official efforts made to ensure that justice is served.  For many, this information can only be found in the closing report prepared by the investigating police department.  This measure establishes procedures for persons requesting these closing reports and rules for the provision of such reports by the investigating police department.

     Your Committee finds that providing access to these closing reports to the immediate family of the deceased may facilitate closure for individuals and increase transparency, but also acknowledges that agencies within the criminal justice system have expressed certain concerns regarding the manner in which the reports are released and the potential effects on ongoing criminal investigations.  According to the Department of the Attorney General, it is not uncommon for family members of the deceased to be questioned by police or called as witnesses at trial.  The dissemination of police reports to immediate family members while court proceedings or investigations are still pending could result in the closing reports being disclosed to family members involved in the investigation, whose testimony could then be influenced by the contents of these reports.  Releasing the police closing reports to immediate family members also creates the risk of broader dissemination to other family members, friends, or even on social media.  Once the police reports are made public, they could taint witness testimony, influence jurors, and even result in the perpetrator gaining access to the information, providing them with an opportunity to stall or derail an investigation, destroy evidence, or flee the jurisdiction to escape justice.

     Your Committee finds that in order to balance the benefit of providing these reports to family members with reducing the potential risks of distributing sensitive information during an ongoing criminal proceeding, amendments to this measure are necessary.

     Accordingly, your Committee has amended this measure by:

     (1)  Changing the required timing for the release of a copy of a closing report prepared by the investigating police department from within a specified period of time to upon the conclusion of all criminal proceedings related to the incident;

     (2)  Adding language requiring that information pertaining to minors and confidential personal information be redacted from the closing report when it is released; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 112, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 112, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,