Local police will be able to learn locations of cellphones in cases where death or serious physical injury occur, under a bill state House lawmakers are considering.

Honolulu Deputy Prosecutor Chris Van Marter said House Bill 1776 would help police find people at risk where time is critical.

For example, under current law, if a domestic violence victim were kidnapped by a former boyfriend, police could not legally request information on the approximate location of the suspect’s cellphone, nor would information obtained in such a manner likely be inadmissible in court, he said.

The bill was one of several that the House Judiciary Committee reviewed at a public hearing Friday. A decision was deferred until Tuesday.

Cellphone companies and other electronic communication service providers cannot disclose electronic communications to local law enforcement officials, what’s commonly known as "pinging," even if they wanted to, Van Marter said.

Federal law allows federal law enforcement officers to obtain such information, but the same law doesn’t apply to local police.

The American Civil Liberties Union of Hawaii submitted written testimony against the bill, arguing that its language is too broad. The ACLU urged that provisions be included requiring law enforcement to first obtain a probable-cause warrant except in emergencies.

Van Marter said provisions could be added requiring police to certify under oath that there is danger of death or serious bodily injury.

Also pushed by city prosecutors is House Bill 1777, which would allow state judges to order a company retaining electronic records to surrender them in criminal cases, if available, even if the company’s records are kept outside the state.

While Hawaii businesses need to comply with a subpoena or court order for such information, many mainland companies do not, Van Marter said.

The bill would allow prosecutors and defense attorneys to request such records, ensuring that both sides can gain access to critical evidence, Van Marter said. Probable cause would still need to be established. Four other states recently adopted similar legislation, he said. The courts asked that the bill be deferred for further study.

House Bill 2288, which would require Hawaii Internet providers to retain the records of customers for at least two years, received stiff opposition from a cross section of the information technology community, who called it too broad and expensive. HB 1777 is different in that it only would compel companies to turn over records if they have them.

House Judiciary Chairman Gil Keith-Agaran said the bill heard last week was open-ended. "Here … it’s not the government mandating they keep the record."

Keith-Agaran said he is leaning toward recommending both electronic records bills advance.

"If you watch ‘Hawaii Five-0,’ you would think that law enforcement could do this already," said Keith-Agaran (D, Kahului-Paia), "but apparently they can’t."

The committee also looked at bills dealing with computer crimes and cyberbullying:

» House Bill 2295, which would create a new "harassment by cyberbullying" offense, is expected to be significantly overhauled since even the prosecutor’s office believes it is too broad.

» Several computer crime bills will be worked on in coming weeks, Keith-Agaran said. "I think everybody knows this is an area that’s growing," he said. "Our laws in this area are not keeping up with the changes in technology. We have to tread a little carefully to make sure that we don’t pass a law that will be outdated as soon as the governor signs it."