Senate Standing Committee on Judiciary

All right. Welcome, everyone, to the Judiciary Committee decision-making-only agenda this Tuesday morning at 10:15. We'll go ahead and get started. First up on this long agenda is Senate Bill 888.

This prohibits operators of smart household security devices from sharing user data with law enforcement agencies unless the user consents or the law enforcement agency obtains a judicial warrant. First up--I'm sorry. First up, recommendation on 888 is to pass unamended. Questions or concerns? If not, Vice Chair.

On SB 888, recommendation's to pass with amendments. [Roll call]. Unamended. Okay.

Sorry.

On SB 888, Chair's recommendation's to pass unamended. [Roll call]. Measure's adopted.

Thank you. Next up is SB 2479. This allows the defendant to introduce certain evidence to receive a reduced sentence for certain offenses if the defendant can show that they were subjected to acts of family violence, dating violence, or child abuse. The recommendation here is to accept the Judiciary's amendments.

So that would be to adopt-- it's mainly technical, to adopt Judiciary's recommendation to add language on line 3--I mean, page 3, line 12 to 13--to an indeterminate term of imprisonment instead of just a term of imprisonment. In page 3, line 22, the defendant may be eligible for parole in accordance with certain sections, and page 4, again, instead of a term of imprisonment, indeterminate term of imprisonment.

And then, also like to adopt the Judiciary's recommendation to make any petition filed pursuant to Subsection C subject to provisions of HRPP Rule 40--sorry--Hawaii Rules of Penal Procedure Rule 40 by adding a sentence at the page 21, line 4, which states, any petition shall be filed and determined in accordance with Rule 40 by Hawaii Rules of Penal Procedure, and deleting the remaining provisions of page 21 and page 22, lines 1 through 18. Questions or concerns? If not, Senator Gabbard.

On SB 2479, the recommendation is to pass with amendments. Of the members present, are there any no votes or reservations?

No.

No vote for Senator Awa. The measure's adopted.

Thank you. Next up is SB 2489; requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating the department may enter the lease premises, or order, or otherwise require the lessee to maintain control of any invasive species on the lease premises and terminate the lease for refusal or violation.

With the prior concurrence of both Senator Gabbard and Senator Lee, we'd like to amend it by-- they add the new lease provisions and invasive species provision in Section 2 of this bill, which will also be incorporated into Chapter 166 and 166E. That would be sure that they're-- that would be to guarantee that they're actually in the leases when when they're done, when they're found-- concluded. And then-- no, that's it. That's it, right? Yep. Any questions or concerns? If not, Senator Gabbard.

On SB 2489, recommendation's pass with amendments. Of the members present, any no votes or reservations? Hearing none, the measure's adopted.

Thank you. Next up is SB 2519, relating to law enforcement; establishes new deadlines for the completion of the Law Enforcement Standards Board Certification responsibilities. Recommendation here is to pass as is. Questions or concerns? If not, Senator Gabbard.

On SB 2519, recommendation's to pass unamended. Any no votes or reservations?Hearing none, the measure's adopted.

Thank you. Next up is SB 2521; exempts emergency medical services personnel from commercial driver's license requirements; requires federal, state, and county firefighters, emergency medical services personnel, and law enforcement officers to maintain proof that they have successfully completed an agency approval or other state-approved training on authorized emergency vehicles. Recommendation here is to pass as is. Questions or concerns? Yeah, as is. Questions or concerns? If not, Vice Chair.

Recommendation of SB 2521 is to pass unamended. Any no votes or reservations? Hearing none, the measure's adopted.

Okay. Next up is-- thank you. Next up is SB 2527. This requires that state and county firefighters exempt from commercial driver's licensure be subject to an alcohol and substance abuse policy for employees that is equivalent to or exceeds the provision of the safety and health standards established by the U.S. Department of Transportation for holders of commercial driver's licenses. I'm going to defer this one indefinitely.

I think this is-- the status quo has been in place for decades at this point and I don't think we've had any trouble, so I think we're going to--I'm not thinking--I'm going to defer. Next up is SB 2575, relating to firearms; establishes mandatory minimum terms of imprisonment for certain Class A felonies involving firearms.

Changes from a Class B felony to a Class A felony the penalty for owning, possessing, or controlling any firearm or ammunition while being prosecuted for or having been convicted of committing a felony crime of violence, criminal offense relating to firearms, or an illegal sale or distribution of any drug.

Recommendation here is to put a defective date on it, March 22, 2075, clarifying Section 2 that the mandatory minimum period of imprisonment with the possibility of parole applies only to offenses in the reference statute that are Class A felonies, as those statutes also include offenses that are misdemeanors and Class C felonies. Questions or concerns? If not, Senator Gabbard.

Recommendation on SB 2575's to pass with amendments. Members present, are there any no votes or reservations? We're on 2575. Any reservations or noes? Hearing none, the measure's adopted.

Thank you very much. Next up is SB 2591. This establishes a two-year pilot program to prohibit the operation of privately-owned and operated refuse collection vehicles from 6:00 a.m. until and after 6:00 p.m. within the 500 feet of any area zone for mixed-use or residential apartment use within the Waikiki area. Recommendation here is to go ahead and move it along without amendment, as is. Questions or concerns? If not, Vice Chair.

On SB 2591, recommendation's to pass as is. Members present, any no votes or reservations?

No.

No vote for Senator Awa. The measure is adopted.

Thank you. Next up is SB 2611. This includes weekends and holidays as times when a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

On SB 2611, recommendation to pass unamended. Are there any--

Oh. I have a concern about this. Sorry. I'm a little slow to the gun on this one. Aikahi Park in Aikahi, very popular. Families use it on the weekends. This would, what, subject them to not only not being able to use that but criminal trespass, correct?

Is it on--

It's on a school property, yeah. It's a very popular park.

Well, it would also mean that the school would have to actually say that it was off limits.

They do, yeah.

In that case, it would apply. I mean it's already a trespass. So all this--

But nobody-- nobody-- it's kind of an understanding that people just use it. So I don't-- there's a lot of people.

All this good people.

In a place short of parks.

What this says is a reasonable warning or request. It's-- in many situations, you have to have a reasonable warning or request. This way you could charge them immediately without a warning, but you don't have to, so it's just a-- it's an option as opposed to requirement. So if the rule of thumb at that park is that they never enforce it, they're still never going to enforce it.

That's-- these days, you never know. It just depends on the humans in that position.

It depends on the--depends on the police officer, yep.

So no-- no to that. Thank you.

Okay. Other questions or concerns? If not, Senator Gabbard.

On SB 2611: to pass unamended this recommendation. Are there any no votes or reservations?

No.

Senator Awa is no. Measure's adopted.

Okay. Next up is SB 2665; requires applicants for driver's license renewals who have received a traffic citation infraction within the previous five years to complete an educational course that includes a road safety video developed by the Department of Transportation, a written road safety examination. Recommendation on 2665-- why don't we just-- why don't we skip over that one for the moment and then we can figure out-- I think it was the one on--

We're going to put that to the end of-- 2665 to the end of calendar. So next up is SB 2667. This restricts motor vehicles that tow a motor vehicle or trailer from the far left lanes on roads with three or more lanes going in the same direction with exemptions. Recommendation here is to pass as is. Questions or concerns? If not, Vice Chair.

On SB 2667, the recommendation's to pass unamended. Any no votes or reservations?

No.

No vote for Senator Awa.

The measure is adopted.

Okay. Thank you. Next up is SB 2695; clarifies a driver's obligations at crosswalks, requires drivers to stop and remain stopped for pedestrians in crosswalks. Recommendation on 2695 is to pass unamended. Questions or concerns?

Concern. Just about the number of people that'll be getting fined-- if we do enforce this, the number of people that'll be getting fined $250, it's a big fine, and, you know, right outside the capital, I don't know if it's still out there, but there was that kind of ticker of how many people stop for pedestrians, and it wasn't that high. I think it was 60, maybe 70%. So that's a lot of people that's been paying money. Very concerned about the offense. I understand the safety issue.

Senator, there's been a lot of people killed in crosswalks, too, so. Any other questions or concerns? If not, Senator Gabbard.

On SB 2695, recommendation's to pass unamended. Any no votes or reservations?

No.

No vote for Senator Awa. The measure's adopted.

Thank you. Next up is SB 2697; prohibits vehicles from driving on the shoulder of a roadway except in certain circumstances. Recommendation here is to go ahead and pass it as is. Questions or concerns?

Again, concerned with the fines.

Okay. Any others? If not, Senator Gabbard.

Recommendation's to pass SB 2697 unamended. Any no votes or reservations?

No.

No.

No vote for Senator San Buenaventura and no vote for Senator Awa. The measure is adopted.