Bill Text: HI HB2104 | 2016 | Regular Session | Introduced
Bill Title: Police; Officer-involved Shootings; Investigation; Protocol
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Referred to LAB, JUD, referral sheet 2 [HB2104 Detail]
Download: Hawaii-2016-HB2104-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2104 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to police.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 703-307, Hawaii Revised Statutes, is amended to read as follows:
"§703-307 Use of force in law
enforcement. (1) Subject to [the provisions of] this section and [of]
section 703-310, the use of force upon or toward the person of another is
justifiable when the actor is making or assisting in making an arrest and the
actor believes that [such] the force is immediately necessary to
effect a lawful arrest.
(2) The use of force is not justifiable under this section unless:
(a) The actor makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and
(b) When the arrest is made under a warrant, the warrant is valid or believed by the actor to be valid.
(3) The use of deadly force is not justifiable under this section unless:
(a) The arrest is for a felony;
(b) The person effecting the arrest is authorized to
act as a law enforcement officer or is assisting a person whom [he] the
person effecting the arrest believes to be authorized to act as a law
enforcement officer;
(c) The actor believes that the force employed creates no substantial risk of injury to innocent persons; and
(d) The actor believes that:
(i) The crimes for which the arrest is made involved conduct including the use or threatened use of deadly force; or
(ii) There is a substantial risk that the person to be arrested will cause death or serious bodily injury if his apprehension is delayed.
(4) The use of force to prevent the escape of
an arrested person from custody is justifiable when the force could justifiably
have been employed to effect the arrest under which the person is in custody,
except that a guard or other person authorized to act as a law enforcement
officer is justified in using force [which he] that the guard or
other person authorized to act as a law enforcement officer believes to be
immediately necessary to prevent the escape from a detention facility.
(5) A private person who is summoned by a law
enforcement officer to assist in effecting an unlawful arrest is justified in
using any force [which he] that the private person would be
justified in using if the arrest were lawful, provided that [he] the
private person does not believe the arrest is unlawful. A private person
who assists another private person in effecting an unlawful arrest, or who, not
being summoned, assists a law enforcement officer in effecting an unlawful
arrest, is justified in using any force [which he] that the person
would be justified in using if the arrest were lawful, provided that [he]
the person believes the arrest is lawful, and the arrest would be lawful
if the facts were as [he] the person believes them to be.
(6) Each police department established pursuant to chapter 52D shall establish an official protocol within the department regarding the investigation of incidents in which a police officer's discharge of a firearm results in the physical injury or death of a person."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Police; Officer-involved Shootings; Investigation; Protocol
Description:
Requires that each county police department establish a protocol for the investigation of officer-involved shootings.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
