RELATING TO INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATION.

HB391

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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SECTION
1
.
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Section 803-46, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

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"(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
].
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The application
shall state the applicant's authority to make the application.
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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.
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Each application shall include the following
information:

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(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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(2)
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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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(A)
�
Details
as to the particular offense that has been, is being, or is about to be
committed;

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(B)
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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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(C)
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A
particular description of the type of communications sought to be intercepted;

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(D)
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The
identity or descriptions of all persons, if known, committing the offense and
whose communications are to be intercepted; and

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(E)
�
Where
appropriate, the involvement of organized crime;

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(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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(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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(5)
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A
statement of facts indicating the period of time for which the interception is
required to be maintained.
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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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(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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(7)
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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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SECTION 2.
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Statutory material to be repealed is bracketed and stricken.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

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.

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not legislation or evidence of legislative intent.