STAND. COM. REP. NO. 255

Honolulu, Hawaii

RE: S.B. No. 151

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Public Safety and Intergovernmental and Military Affairs, to which was referred S.B. No. 151 entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT REFORM,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require 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;

(2) Allow use of force policies and training to be considered in legal proceedings involving a law enforcement officer's use of force;

(3) Require a law enforcement officer who observes the use of force by another law enforcement officer to report the use of force; and

(4) Require that law enforcement officers receive training designed to minimize the use of force.

Your Committee received testimony in support of this measure from the Honolulu Police Department and three individuals. Your Committee received testimony in opposition to this measure from the Hawai‘i Police Department, State of Hawaii Organization of Police Officers, and one individual. Your Committee received comments on this measure from the Department of the Attorney General and Kauai Police Department.

Your Committee finds that law enforcement services are an essential government function that aim to promote respect for, and compliance with, state and county laws. Your Committee believes that mitigating any future actions of excessive force by law enforcement officers, which may lead to unnecessary loss of life or harm is in the interests of the State. This measure will increase accountability and transparency in law enforcement services by requiring law enforcement agencies to maintain a publicly available policy that provides a minimum standard on the use of force, requiring law enforcement officers who observe the use of excessive force by an officer to report the use of force, and requiring that law enforcement officers receive training designed to minimize the use of force.

Your Committee has amended this measure by:

(1) Deleting language that would have allowed use of force policies and training to be considered as a factor in the totality of circumstances in determining whether the officer acted reasonably but not be considered as imposing a legal duty on the officer to act in accordance with the policies and training;

(2) Requiring a law enforcement officer to report the use of excessive force by another officer rather than report any use of force by another officer;

(3) Replacing the term "department head" with "division head" as necessary; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety and Intergovernmental and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 151, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 151, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Intergovernmental and Military Affairs,

________________________________

GLENN WAKAI, Chair