§806D-1 Definitions. Whenever used in this chapter, unless otherwise apparent from the context:

"Adverse result" includes one or more of the following possible consequences:

(1) Danger to the life or physical safety of an individual;

(2) A flight from prosecution;

(3) The destruction of, potential loss of, or tampering with evidence;

(4) The intimidation of potential witnesses; or

(5) Jeopardy to an investigation or undue delay of a trial.

"Applicant" means a law enforcement officer, prosecuting attorney or deputy prosecuting attorney, attorney general or deputy attorney general, or defense attorney who is seeking criminal process under section 806D-2.

"Criminal process" means a search warrant or legal process issued pursuant to chapters 28, 621, 622, and 803; the Hawaii rules of penal procedure; and any other legal process signed by a judge or clerk of the district or circuit court and issued in a criminal matter that allows the search for or commands production of records that are in the actual or constructive possession of the recipient, regardless of whether the recipient or the records are physically located within the State.

"Defense attorney" means an attorney of record for a person charged with a crime, when such attorney is seeking the issuance of criminal process for the defense of the criminal case.

"Properly served" means delivery by hand or in a manner reasonably allowing for proof of delivery if delivered by United States mail, overnight delivery service, or facsimile to the recipient addressee of criminal process.

"Recipient" means a person, as defined in section 701-118, or a business, as defined in section 487J-1, that has conducted business or engaged in transactions or activities occurring at least in part in the state from which process was issued upon whom process is properly served. [L 2012, c 325, pt of §2; am L 2014, c 219, §1; am L 2016, c 160, §1]