SB 601: Law Enforcement; Warrants; Searches; Private Property
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2025-04-23
Current Status:
In Progress
(2025-06-30: Act 245, on 06/30/2025 (Gov. Msg. No. 1348).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. (CD1)
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. Effective 7/1/3000. (HD1)
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search. (SD1)
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search.
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THE SENATE |
S.B. NO. |
601 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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
RELATED TO LAW ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§803- Notice of warrantless search. Upon completion of any warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warrantless search.
§803- Securing of entrances after search. Each county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers shall develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed."
SECTION 2. Chapter 803, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 803
ARRESTS, SEARCHES, SEARCH WARRANTS"
SECTION 3. Chapter 803, Hawaii Revised Statutes, is amended by amending the title of part III to read as follows:
"PART III. SEARCHES, SEARCH WARRANTS"
SECTION 4. Section 803-37, Hawaii Revised Statutes, is amended to read as follows:
"§803-37 Power of officer serving[.];
notice of search. (a) The officer charged with the warrant[, if
a house, store, or other building is designated as the place to be searched,]
may enter [it] the house, store, or other building designated as the
place to be searched without demanding permission if the officer finds [it]
the house, store, or other building open. If the doors, gates, or other bars to the
entrance are shut, the officer shall declare the officer's office and the
officer's business and demand entrance.
If the doors, gates, or other bars to the entrance are not immediately
opened, the officer may break them. When
entered, the officer may demand that any other part of the house, or any closet
or other closed place in which the officer has reason to believe the property
is concealed, may be opened for the officer's inspection, and if refused the
officer may break them. The breaking
of any doors, gates, other bars to the entrance, closets, and other closed
places shall be allowed when reasonable and other means of entering the space
are not reasonable.
(b) Upon completion of any warranted search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warranted search.
(c) If an electronic device or storage media is designated as the item to be searched, the court may authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item; provided that the officer shall submit a sworn statement to the judge or magistrate, certifying the reliability and qualifications of the individuals or entities and the reason their assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Law Enforcement; Warrants; Searches; Private Property
Description:
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. (CD1)
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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THE SENATE |
S.B. NO. |
601 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATED TO LAW ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§803- Notice of warrantless search. Upon completion of any warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warrantless search.
§803- Securing of entrances after search. Each county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers shall develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed."
SECTION 2. Chapter 803, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 803
ARRESTS, SEARCHES, SEARCH WARRANTS"
SECTION 3. Chapter 803, Hawaii Revised Statutes, is amended by amending the title of part III to read as follows:
"PART III. SEARCHES, SEARCH WARRANTS"
SECTION 4. Section 803-37, Hawaii Revised Statutes, is amended to read as follows:
"§803-37 Power of officer serving[.];
notice of search. (a) The officer charged with the warrant[, if
a house, store, or other building is designated as the place to be searched,]
may enter [it] the house, store, or other building designated as the
place to be searched without demanding permission if the officer finds [it]
the house, store, or other building open. If the doors, gates, or other bars to the
entrance are shut, the officer shall declare the officer's office and the
officer's business and demand entrance.
If the doors, gates, or other bars to the entrance are not immediately
opened, the officer may break them. When
entered, the officer may demand that any other part of the house, or any closet
or other closed place in which the officer has reason to believe the property
is concealed, may be opened for the officer's inspection, and if refused the
officer may break them. The breaking
of any doors, gates, other bars to the entrance, closets, and other closed
places shall be allowed when reasonable and other means of entering the space
are not reasonable.
(b) Upon completion of any warranted search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warranted search.
(c) If an electronic device or storage media is designated as the item to be searched, the court may authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item; provided that the officer shall submit a sworn statement to the judge or magistrate, certifying the reliability and qualifications of the individuals or entities and the reason their assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 3000.
Report Title:
Law Enforcement; Warrants; Searches; Private Property
Description:
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. Effective 7/1/3000. (HD1)
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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THE SENATE |
S.B. NO. |
601 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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|
|
|
|
|
|
|
||
|
|
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A BILL FOR AN ACT
RELATED TO LAW ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§803- Notice of warrantless search. Upon completion of any warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warrantless search."
SECTION 2. Chapter 803, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"CHAPTER 803
ARRESTS, SEARCHES, SEARCH WARRANTS"
SECTION 3. Chapter 803, Hawaii Revised Statutes, is amended by amending the title of part III to read as follows:
"PART III. SEARCHES, SEARCH WARRANTS"
SECTION 4. Section 803-37, Hawaii Revised Statutes, is amended to read as follows:
"§803-37 Power of officer serving[.];
notice of search. (a) The officer charged with the warrant[, if
a house, store, or other building is designated as the place to be searched,]
may enter [it] the house, store, or other building designated as the
place to be searched without demanding permission if the officer finds [it]
the house, store, or other building open. If the doors, gates, or other bars to the
entrance are shut, the officer shall declare the officer's office and the
officer's business and demand entrance.
If the doors, gates, or other bars to the entrance are not immediately
opened, the officer may break them. When
entered, the officer may demand that any other part of the house, or any closet
or other closed place in which the officer has reason to believe the property
is concealed, may be opened for the officer's inspection, and if refused the
officer may break them. The breaking
of any doors, gates, other bars to the entrance, closets, and other closed
places shall be allowed when reasonable and other means of entering the space
are not reasonable.
(b) Upon completion of any warranted search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warranted search.
(c) If an electronic device or storage media is designated as the item to be searched, the court may authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item; provided that the officer shall submit a sworn statement to the judge or magistrate, certifying the reliability and qualifications of the individuals or entities and the reason their assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent."
SECTION 5. Each county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers shall develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
Law Enforcement; Warrants; Searches; Private Property
Description:
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search. Allows the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable. Requires law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
601 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
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|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
related to law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 803-37, Hawaii Revised Statutes, is amended to read as follows:
"§803-37 Power of officer serving[.];
notice of search. (a) The officer charged with the warrant[, if
a house, store, or other building is designated as the place to be searched,]
may enter [it] the house, store, or other building designated as the
place to be searched without demanding permission if the officer finds [it]
the house, store, or other building open. If the doors, gates, or other bars to the
entrance are shut, the officer shall declare the officer's office and the
officer's business and demand entrance.
If the doors, gates, or other bars to the entrance are not immediately
opened, the officer may break them. When
entered, the officer may demand that any other part of the house, or any closet
or other closed place in which the officer has reason to believe the property
is concealed, may be opened for the officer's inspection, and if refused the
officer may break [them.] the doors, gates, or other bars to the
entrance.
(b) Upon completion of any warranted or warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warranted or warrantless search.
(c) If an electronic device or storage media is designated as the item to be searched, the court may authorize the officer to obtain technical assistance from individuals or entities, located within or outside the State, in the examination of the item; provided that the officer shall submit a sworn statement to the judge or magistrate, certifying the reliability and qualifications of the individuals or entities and the reason their assistance is necessary; provided further that no individual or entity shall be compelled to provide technical assistance without their consent."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Law Enforcement; Warrants; Searches; Private Property
Description:
Requires law enforcement to post notice that a warranted or warrantless search has been conducted on a property. Requires a law enforcement officer to secure any entrance used by an officer in the search.
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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Date
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Status
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|---|---|
| Jun 30, 2025 | Act 245, on 06/30/2025 (Gov. Msg. No. 1348). |
| Jun 30, 2025 | Act 245, 06/30/2025 (Gov. Msg. No. 1348). |
| May 2, 2025 | Enrolled to Governor. |
| May 2, 2025 | Received notice of passage on Final Reading in House (Hse. Com. No. 821). |
| May 1, 2025 | Received notice of Final Reading (Sen. Com. No. 888). |
| Apr 30, 2025 | Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick excused (2). |
| Apr 30, 2025 | Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) Awa). Excused, 0 (none). |
| Apr 24, 2025 | Forty-eight (48) hours notice Wednesday, 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee (Conf Com. Rep. No. 14) as amended in (CD 1). |
| Apr 24, 2025 | 48 Hrs. Notice (as amended CD 1) 04-30-25. |
| Apr 24, 2025 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 14). |
| Apr 17, 2025 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 2 Ayes: Representative(s) Tarnas, Perruso; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Garcia. |
| Apr 17, 2025 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 5 Aye(s): Senator(s) Wakai, Rhoads, Elefante, Fukunaga, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 16, 2025 | Bill scheduled for Conference Committee Meeting on Thursday, 04-17-25 1:30PM in conference room 325. |
| Apr 15, 2025 | Received notice of Senate conferees (Sen. Com. No. 789). |
| Apr 15, 2025 | Senate Conferees Appointed: Wakai Chair; Rhoads, Elefante Co-Chairs; Fukunaga, Fevella. |
| Apr 15, 2025 | Received notice of appointment of House conferees (Hse. Com. No. 731). |
| Apr 14, 2025 | House Conferees Appointed: Tarnas Chair; Perruso, Garcia. |
| Apr 8, 2025 | Received notice of disagreement (Sen. Com. No. 774). |
| Apr 8, 2025 | Senate disagrees with House amendments. |
| Apr 8, 2025 | Received from House (Hse. Com. No. 581). |
| Apr 4, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kapela, Marten excused (3). Transmitted to Senate. |
| Apr 2, 2025 | Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). |
| Apr 2, 2025 | Reported from JHA (Stand. Com. Rep. No. 1751) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading. |
| Mar 13, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Cochran, Garcia. |
| Mar 11, 2025 | Bill scheduled to be heard by JHA on Thursday, 03-13-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 6, 2025 | Referred to JHA, referral sheet 19 |
| Mar 6, 2025 | Pass First Reading |
| Mar 4, 2025 | Received from Senate (Sen. Com. No. 175) in amended form (SD 1). |
| Mar 4, 2025 | Report Adopted; Passed Third Reading, as amended (SD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House. |
| Feb 28, 2025 | 48 Hrs. Notice 03-04-25. |
| Feb 28, 2025 | Reported from JDC (Stand. Com. Rep. No. 1015) with recommendation of passage on Third Reading, as amended (SD 1). |
| Feb 12, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) San Buenaventura. |
| Feb 11, 2025 | The committee(s) on JDC deferred the measure until 02-12-25 9:50AM; Conference Room 016 & Videoconference. |
| Feb 7, 2025 | The committee(s) on JDC will hold a public decision making on 02-11-25 10:00AM; Conference Room 016 & Videoconference. |
| Feb 5, 2025 | Report adopted; Passed Second Reading and referred to JDC. |
| Feb 5, 2025 | Reported from PSM (Stand. Com. Rep. No. 32) with recommendation of passage on Second Reading and referral to JDC. |
| Jan 29, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED. The votes in PSM were as follows: 4 Aye(s): Senator(s) Elefante, Wakai, Fukunaga, Rhoads; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 0 Excused: none. |
| Jan 24, 2025 | The committee(s) on PSM has scheduled a public hearing on 01-29-25 3:00PM; Conference Room 225 & Videoconference. |
| Jan 23, 2025 | Referred to PSM, JDC. |
| Jan 17, 2025 | Passed First Reading. |
| Jan 17, 2025 | Introduced. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Apr 30, 2025 | Final Reading | House Floor |
Passed |
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| Apr 30, 2025 | Final Reading | Senate Floor |
Passed |
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| Apr 4, 2025 | Third Reading | House Floor |
Passed |
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| Mar 13, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 4, 2025 | Third Reading | Senate Floor |
Passed |
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| Feb 12, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Jan 29, 2025 | The committee(s) on PSM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Public Safety and Military Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| Aloha Freedom Coalition | *** Against | Mar 13, 2025 |
| Hawaii Patriot Republicans | *** Against | Mar 13, 2025 |
| Hawaiian Islands Republican Women | *** Against | Mar 13, 2025 |
| Honolulu Police Department | ** Support | |
| HOPE HI, Inc. | *** Against | Mar 13, 2025 |
| Maui Police Department | ** Against | |
| Office of the Public Defender | ** Support |
CONFERENCE COMMITTEE REP. NO. 14
Honolulu, Hawaii
, 2025
RE: S.B. No. 601
S.D. 1
H.D. 1
C.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir and Madam:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 601, S.D. 1, H.D. 1, entitled:
"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to:
(1) Require law enforcement to post notice that a warranted or warrantless search has been conducted on a property;
(2) Require a law enforcement officer to secure any entrance used by an officer in the search;
(3) Require law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed; and
(4) Allow the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable.
Your Committee on Conference finds that both the United States Constitution and the Hawaii State Constitution afford individuals the right to be free from unreasonable searches and seizures. Your Committee on Conference further finds that public safety and the reasonableness standard for searches conducted by law enforcement in the State are upheld by requiring officers executing searches to follow certain appropriate procedures regarding the posting of notices, securing of entrances, and breaking of property to access private spaces.
Your Committee on Conference has amended this measure by making it effective upon its approval.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 601, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 601, S.D. 1, H.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
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ON THE PART OF THE SENATE |
|
____________________________ DAVID A. TARNAS Chair |
|
____________________________ GLENN WAKAI Chair |
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____________________________ KARL RHOADS Co-Chair |
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____________________________ BRANDON J.C. ELEFANTE Co-Chair |
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STAND. COM. REP. NO. 1751
Honolulu, Hawaii
, 2025
RE: S.B. No. 601
S.D. 1
H.D. 1
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. 601, S.D. 1, entitled:
"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require law enforcement to post notice that a warranted or warrantless search has been conducted on a property;
(2) Require a law enforcement officer to secure any entrance used by an officer in the search;
(3) Allow the breaking of any doors, gates, other bars to the entrance, closets, and other closed places during a search when reasonable and other means of entering the space are not reasonable; and
(4) Require law enforcement agencies to develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed.
Your Committee finds that this measure will ensure residents are properly informed when a search has been conducted by the police on their private residence.
Your Committee has amended this measure by:
(1) Codifying the requirement that law enforcement agencies develop a policy for securing the entrances to a house, store, or other building designated as a place to be searched after a search is completed;
(2) Changing the effective date to July 1, 3000, to encourage further discussion; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 601, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 601, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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|
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____________________________ DAVID A. TARNAS, Chair |
STAND. COM. REP. NO. 1015
Honolulu, Hawaii
RE: S.B. No. 601
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 Judiciary, to which was referred S.B. No. 601 entitled:
"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require law enforcement to post notice that a warranted or warrantless search has been conducted on a property; and
(2) Require a law enforcement officer to secure any entrance used by an officer in the search.
Your Committee received testimony in support of this measure from the Honolulu Police Department and two individuals.
Your Committee received testimony in opposition to this measure from one individual.
Your Committee finds that the Fourth Amendment of the United States Constitution grants the constitutional right to live free of unreasonable searches and seizures. Similarly, the Hawaii State Constitution affords individuals the right to be free from unreasonable searches and seizures and explicitly protects the right to privacy. Your Committee believes that, given the highly intrusive nature of searches in houses, stores, and buildings, at minimum, law enforcement should be required to post a notice that a search has occurred, and to secure the premises to prevent trespass, theft, and further invasions of privacy. This measure will support constitutional rights, provide further transparency into government operations, and build trust between law enforcement and the community.
Your Committee notes that after a property has been searched, existing law does not require law enforcement agencies to properly secure the entrances of the property. Your Committee also notes that requiring law enforcement agencies to only break certain entrances and spaces when searching a property when other options are not reasonably available will prevent unnecessary property damage during the search.
Accordingly, your Committee has amended this measure by:
(1) Transferring language establishing the notice requirement for warrantless searches in this measure to a new section in the Hawaii Revised Statutes;
(2) Requiring that the breaking of certain entrances and spaces during a warranted search be allowed when reasonable and other means of entering the space are not reasonable;
(3) Requiring law enforcement agencies to develop a policy for securing the entrances to a property that has been searched; and
(4) 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 601, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 601, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 32
Honolulu, Hawaii
RE: S.B. No. 601
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. 601 entitled:
"A BILL FOR AN ACT RELATED TO LAW ENFORCEMENT,"
begs leave to report as follows:
The purpose and intent of this measure is to:
(1) Require law enforcement to post notice that a warranted or warrantless search has been conducted on a property; and
(2) Require a law enforcement officer to secure any entrance used by an officer in the search.
Your Committee received testimony in support of this measure from the Office of the Public Defender and one individual.
Your Committee received testimony in opposition to this measure from the Maui Police Department and one individual.
Your Committee received comments on this measure from the Honolulu Police Department.
Your Committee finds that the Hawaii State Constitution affords individuals the right to be free from unreasonable searches and seizures and explicitly protects the right to privacy. Given the highly intrusive nature of these searches and the possibility that these searches may be subject to legal challenges, a posting requirement would inform the owner or occupier or their attorney of the date, time, and purpose of the search and who to contact regarding any questions or concerns as to the execution and propriety of the search. The requirement that officers secure any entrances used upon completion of the warranted or warrantless search prevents the property from being subsequently accessed by other individuals for purposes of trespass, theft, and other invasions of privacy. This measure will strengthen the right to privacy by increasing transparency and security throughout the search process.
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. 601 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,
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________________________________ BRANDON J.C. ELEFANTE, Chair |
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Date
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Testimony PDF
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| Mar 13, 2025 | SB601_SD1_TESTIMONY_JHA_03-13-25_.PDF |
| Feb 10, 2025 | SB601_TESTIMONY_JDC_02-11-25_.PDF |
| Jan 29, 2025 | SB601_TESTIMONY_PSM_01-29-25_.PDF |
Discussed in Hearing
4MIN
Conference Committee
11MIN
House Standing Committee on Judiciary & Hawaiian Affairs
19SEC
Senate Floor
2MIN
Senate Standing Committee on Judiciary
3MIN
Senate Standing Committee on Public Safety and Military Affairs
Bill Author
Bill Co-Author(s):
