Bill > HB391

This bill modifies the requirements for wiretapping applications in Hawaii by removing the mandate that all applications for intercepting wire, oral, or electronic communications must be accompanied by a written memorandum from the Department of the Attorney General recommending approval or disapproval. The bill maintains the existing detailed requirements for wiretap applications, which include providing comprehensive information such as the specific offense being investigated, the location and type of communications to be intercepted, the identities of persons involved, the method of interception, alternative investigative procedures considered, the proposed duration of the interception, and details of any previous related applications. The bill clarifies that a "designated judge" can be any circuit court judge or district court judge, particularly if no circuit court judge has been specifically designated by the chief justice of the Hawaii Supreme Court. By eliminating the required memorandum, the bill appears to streamline the wiretap application process while preserving the substantive requirements for obtaining judicial authorization for communication interceptions.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=391&year=2026