Bill Text: HI HB1278 | 2020 | Regular Session | Amended
Bill Title: Relating To Government Services Relating To The Law.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-06-26 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB1278 Detail]
Download: Hawaii-2020-HB1278-Amended.html
A BILL FOR AN ACT
RELATING TO GOVERNMENT SERVICES RELATING TO THE LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that law enforcement services are an essential government function. The legislature further finds that law enforcement services are government services that relate to the law because these services aim to promote respect for, and compliance with, state and county laws.
The purpose of this Act is to require greater accountability and transparency in the government's provision of law enforcement services by:
(1) Providing that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using or is about to use unnecessary or excessive force on an arrestee;
(2) Requiring the intervening law enforcement officer to report the incident to the other law enforcement officer's supervisor; and
(3) Requiring relevant departments to submit an annual report to the legislature.
SECTION 2. Section 803-7, Hawaii Revised Statutes, is amended to read as follows:
"§803-7 Use of force[.]; duty to report excessive
force. (a) In all cases where the person arrested refuses
to submit or attempts to escape, [such] a degree of force may be
used by a law enforcement officer as is necessary to compel the person
to submission.
(1) Immediately intervene to prevent the
use of unnecessary or excessive force by the law enforcement officer; provided that
the intervention can be safely accomplished; and
(2) Report the incident to the law
enforcement officer's supervisor as soon as practicable.
(c) Each county police department chief and relevant
department director shall submit to the legislature, no later than January 31
of each year, an annual report of incidents reported pursuant to subsection (b).
The reporting period of each report shall
be from January 1 to December 31 of the year immediately prior to the year of
the report submission. The annual report
shall:
(1) Summarize the
facts and the nature of each reported incident; and
(2) Specify the disciplinary
action, if any, that was imposed in connection with a reported incident.
(d) As used in this section, "law enforcement
officer" means a sheriff, deputy sheriff, police officer, enforcement
officer within the department of land and natural resources conservation and
resources enforcement program, enforcement officer within the department of
transportation harbors division, and any other employee of a state or county
public body who carries a badge and firearm and has powers of arrest."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Law Enforcement Officers; Arrests; Excessive Force; Duty to Intervene
Description:
Provides that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using or is about to use unnecessary or excessive force on an arrestee. Requires the law enforcement officer to report the incident to the fellow law enforcement officer's supervisor. Requires relevant departments to submit annual reports to the Legislature. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
