STAND. COM. REP. NO. 3683

Honolulu, Hawaii

RE: H.B. No. 1611

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1611, H.D. 2, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to require law enforcement agencies and the Law Enforcement Standards Board to consult the National Decertification Index and report certain information related to a law enforcement officer's certification status to the Index.

Your Committee received testimony in support of this measure from the ACLU of Hawaiʻi and Policing Project at NYU School of Law.

Your Committee received testimony in opposition to this measure from the State of Hawaii Organization of Police Officers.

Your Committee received comments on this measure from the Department of Law Enforcement.

Your Committee finds that law enforcement officers are authorized to use physical force to enforce laws and have the de facto power to stop anyone, at any time, for any reason, and that these encounters can result in injury or death. Your Committee believes that when this authority is abused and results in the suspension or revocation of the law enforcement officer's certification, the Law Enforcement Standards Board should be transparent about sharing that information with other law enforcement agencies. Additionally, your Committee believes that the Law Enforcement Standards Board should conduct thorough background checks before certifying a new officer to ensure that the officer has not abused their authority in another position. This measure will strengthen the State's decertification laws by sharing officer certification suspension and revocation information with other states through the National Decertification Index and require hiring agencies to review the same information before hiring new officers.

Your Committee has amended this measure by:

(1) Clarifying that before certifying or employing any law enforcement officer, the Law Enforcement Standards Board and the employing law enforcement agency are required to consult the National Decertification Index to determine whether the applicant or employee is listed and to review any information about that person;

(2) Clarifying that the Law Enforcement Standards Board is required to report to the National Decertification Index each time the board opens an investigation into whether a law enforcement officer does not meet the minimum standards for employment;

(3) Requiring the Law Enforcement Standards Board to take certain actions to determine if the National Decertification Index is accepting certain information or records by July 1, 2026, instead of July 1, 2025;

(4) Making it effective on July 1, 2026; and

(5) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1611, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1611, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair