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THE SENATE |
S.B. NO. |
2776 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§139- State
deputization; generalized policing. (a) A
law enforcement officer may request assistance from a federal law enforcement
officer in the case of a law enforcement emergency as defined in title 34
United States Code section 50102 or to prevent substantial risk of death or
serious physical injury to another person.
(b) Notwithstanding subsection (a), a state
employee or law enforcement officer shall not request assistance from a federal
law enforcement officer to enforce state laws, including the following:
(1) Temporary
or predetermined checkpoints or screenings; and
(2) Motor vehicle stops.
(c) Nothing in this section shall prevent federal
law enforcement officers from making arrests without a warrant for a criminal
offense under state law.
(d) Any agreement between a law enforcement agency and federal agency for the purpose of criminal law enforcement shall be in writing, consistent with this section. No agreement shall provide for federal participation in state checkpoints or screenings or motor vehicle stops. No agreement shall exceed two years in duration and shall include training on state constitutional and statutory civil rights protections for federal law enforcement. All agreements made pursuant to this subsection are subject to review by the department of the attorney general.
(e) Nothing in this section shall be construed to prohibit a law enforcement agency or law enforcement officer from making a request for assistance from federal agencies in accordance with the requirements of this chapter."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Federal Law Enforcement; Generalized Policing; State Law Enforcement; Requests for Assistance
Description:
Prohibits a law enforcement officer and law enforcement agency from making certain requests for assistance from federal law enforcement agencies with exceptions. Establishes requirements and limitations for law enforcement agencies to enter into agreements with federal law enforcement agencies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.