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THE SENATE |
S.B. NO. |
151 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LAW ENFORCEMENT REFORM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§139- Law enforcement use of force policies. (a) Any department or agency
employing a law enforcement officer shall maintain a policy that provides a
minimum standard on the use of force that shall include:
(1) A requirement that law enforcement officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible;
(2) A requirement that a law enforcement officer may only use a level of force that the officer reasonably believes is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance;
(3) A requirement that law enforcement officers report potential excessive force to a superior officer when present and observing another officer using force that the law enforcement officer believes to be beyond that which is necessary, as determined by an objectively reasonable officer under the circumstances, based upon the totality of information actually known to the law enforcement officer;
(4) Clear and specific guidelines regarding situations in which law enforcement officers may or may not draw a firearm or point a firearm at a person;
(5) A requirement that law enforcement officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm;
(6) Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents;
(7) A requirement that a law enforcement
officer intercede when present and observing another officer using force that
is clearly beyond that which is necessary, as determined by an objectively
reasonable officer under the circumstances, taking into account the possibility
that other officers may have additional information regarding the threat posed
by a subject;
(8) Comprehensive and specific guidelines regarding approved methods and devices available for the application of force;
(9) An explicitly stated requirement that law enforcement officers carry out duties, including use of force, in a manner that is fair and unbiased;
(10) Comprehensive and specific guidelines for the application of deadly force;
(11) Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident;
(12) The role of supervisors in review of use of force applications;
(13) A requirement that law enforcement officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so;
(14) Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by law enforcement officers, investigators, and supervisors;
(15) Training and guidelines regarding vulnerable populations, including but not limited to children; elderly persons; people who are pregnant; and people with physical, mental, and developmental disabilities;
(16) Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted;
(17) Factors for evaluating and reviewing all use of force incidents;
(18) Minimum training and course titles required to meet the objectives in the use of force policy; and
(19) A requirement for the regular review and updating of the policy to reflect developing practices and procedures.
(b) Each department or agency employing a law enforcement officer shall make its use of force policy adopted pursuant to this section accessible to the public.
(c) A department or agency's use of force
policies and training pursuant to this section may be introduced as evidence in
proceedings involving a law enforcement officer's use of force.
§139- Reports of use of force by law enforcement
officers. (a) It
shall be the duty of a law enforcement officer who observes another officer
using force that the officer believes to be beyond that which is
necessary, as determined by an objectively reasonable officer under the
circumstances, based upon the totality of information actually known to the
officer to notify the division head of
the officer who exercised the use of force.
The notice shall be submitted in writing immediately or as soon as is
practicable after observing the use of force.
(b) Within fifteen days of
receiving written notification, the division head shall complete an
investigation pursuant to subsection (c) and notify the chief of police of the
respective county or the state department deputy director, as applicable, of
the outcome of the investigation in writing.
(c) Any division head who receives
a report of use of force under this section shall immediately begin conducting
an investigation and reach a timely determination on the merits. If the investigation determines that, in the
determination of the division head, sufficient evidence shows that the
individual used excessive force, the name of the individual and act of excessive
force shall be disclosed to the chief of police of the respective county. If the division head determines that evidence
of use of excessive force is insufficient, the division head shall provide the
chief of police with the outcome of the investigation but shall redact any
personally identifiable information of the individuals involved in the
investigation.
(d) Within fifteen days of
receiving written notification of the outcome of the investigation, the chief
of police or the state department deputy director who received the written
notification shall notify the police commission of the respective county or the
state department director, as applicable, of the outcome of the investigation
in writing.
(e) If the department head is the
subject of the use of force report, the reporting officer shall report directly
to the police commission of the respective county or the state department
director, as applicable, within seven days of observing the use of force, and
the police commission or the state department director shall complete an
investigation pursuant to subsection (f).
(f) Any police commission or state
department director who receives a report of use of force pursuant to
subsection (e) shall begin conducting an investigation as soon as practicable and
reach a timely determination on the merits.
(g) No discriminatory,
disciplinary, or retaliatory action shall be taken against any law enforcement officer
for any information given or disclosed by the officer in good faith in the course
of making a report of use of force under this section.
(h) For purposes of this section:
"Department head" means the official or officer having the most
managerial or administrative authority in the state department or county
agency.
"Division head" means the official or officer who, subject to
the authority of the department head or chief of police, has the most
managerial or administrative authority within a division in the state
department or county agency."
SECTION 2. Section 139-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person may be appointed as a law enforcement officer unless the person:
(1) Has satisfactorily completed a basic
program of law enforcement training approved by the board; [and]
(2) Has received training designed to
minimize the use of force, including but not limited to legal standards,
de-escalation techniques, crisis intervention, mental health response, implicit
bias, and first aid; and
[(2)] (3) Possesses other qualifications as prescribed
by the board for the employment of law enforcement officers, including minimum
age, education, physical and mental standards, citizenship, good conduct, moral
character, and experience."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2024.
Report Title:
Law Enforcement Officers; Use of Force; Reports; Training
Description:
Requires any department or agency employing a law enforcement officer to maintain a publicly available policy that provides a minimum standard on the use of force. Allows use of force policies and training to be considered in legal proceedings involving a law enforcement officer's use of force. Requires a law enforcement officer who observes the use of excessive force by another law enforcement officer to report the use of excessive force. Requires that law enforcement officers receive training designed to minimize the use of force. Takes effect 1/1/2024. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.