Bill > SB284

This bill establishes a new legal framework for emergency applications for intercepting wire, oral, or electronic communications in urgent situations involving potential death or injury. The legislation allows law enforcement to submit an emergency application to a designated judge without a preliminary written memorandum from the Department of the Attorney General if the interception is immediately necessary to prevent death or injury. The emergency application must specify the potential victims, meet existing legal requirements for communication interceptions, and include a judicial finding that immediate action is necessary. Any emergency order is limited to 48 hours and must be followed by a formal application within that timeframe, which requires a written recommendation from the Attorney General. The Department of the Attorney General must provide its recommendation within 24 hours of the request. If a follow-up application is denied or not granted within 48 hours, the intercepted communications are treated as illegally obtained. The bill also clarifies the definition of a "designated judge" and updates procedural requirements for communication interception applications, ensuring that emergency measures have appropriate legal safeguards while allowing rapid response in critical situations involving imminent threats to human life.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=284&year=2025