Bill Text: HI HB2202 | 2024 | Regular Session | Introduced

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Bill Title: Relating To The Department Of Law Enforcement.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2024-01-26 - Referred to JHA, FIN, referral sheet 3 [HB2202 Detail]

Download: Hawaii-2024-HB2202-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2202
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 2 to be appropriately designated and to read as follows:

"Chapter

SHERIFF

     §   -1  Sheriff election; nonpartisan.  The election of the sheriff shall be nonpartisan in nature.

     §   -2  Sheriff election; process.  Elections for the office of the sheriff shall be conducted as follows:

     (1)  If, after the close of filing of nomination papers, there is only one qualified candidate for the office of the sheriff, the chief election officer shall declare the candidate to be duly and legally elected, and shall not include the contest for the office of the sheriff on any ballots for the primary election or general election;

     (2)  If, after the close of filing nomination papers, there are only two qualified candidates for the office of the sheriff, the chief election officer shall declare those two candidates duly nominated for the general election, and shall not include the contest for the office of the sheriff on any ballots for the primary election;

     (3)  If, at the close of filing of nomination papers, there are three or more qualified candidates for the office of the sheriff, the names of those candidates shall be listed on the primary election ballot.  The two candidates receiving the highest number of votes shall be nominated at the primary election for the general election; provided that if any candidate receives more than fifty per cent of the total votes cast at the primary election, the chief election officer shall declare that candidate to be duly and legally elected and shall not include the contest for the office of the sheriff on any ballots for the general election; and

     (4)  The candidate for the office of the sheriff who receives the most votes at a general election shall be elected to the office; provided that in the case of a tie, the tie shall be decided pursuant to section 11‑157."

     SECTION 2.  Chapter 17, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§17-     Sheriff.  (a)  Whenever any vacancy in the office of the sheriff occurs, the term of which ends in the December immediately following the next succeeding general election, the first deputy sheriff of law enforcement shall fill the vacancy for the unexpired term.

     (b)  In the case of a vacancy, the term of which does not end in the December immediately following the next succeeding general election:

     (1)  If it occurs not later than on the ninetieth day prior to the next succeeding primary election, the vacancy shall be filled for the unexpired term at a special nonpartisan election held in conjunction with the next succeeding general election.  The chief election officer shall issue a proclamation designating the election for filling the vacancy.  All candidates for the unexpired term shall file nomination papers not later than the date and time specified in section 12-6 and shall be nominated and elected in accordance with this title.  Pending the election, the first deputy sheriff of law enforcement shall temporarily fill the vacancy; or

     (2)  If it occurs after the ninetieth day prior to the next succeeding primary election, the vacancy shall be filled by the first deputy sheriff of law enforcement."

     SECTION 3.  Section 11-114, Hawaii Revised Statutes, is amended to read as follows:

     "§11-114  Order of offices on ballot.  The order of offices on a ballot shall be arranged substantially as follows:  first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant governor; next, sheriff; next, state senators; next, state representatives; and next, county offices."

     SECTION 4.  Section 11-331, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  For purposes of this part, whenever a report is required to be filed with the commission, "filed" means that a report shall be filed with the commission's electronic filing system by the date and time specified for the filing of the report by:

     (1)  The candidate or candidate committee of a candidate who is seeking election to the:

          (A)  Office of governor;

          (B)  Office of lieutenant governor;

          (C)  Office of sheriff;

    [(C)] (D)  Office of mayor;

    [(D)] (E)  Office of prosecuting attorney;

    [(E)] (F)  County council;

    [(F)] (G)  Senate;

    [(G)] (H)  House of representatives; or

    [(H)] (I)  Office of Hawaiian affairs; or

     (2)  A noncandidate committee required to be registered with the commission pursuant to section 11-323."

     SECTION 5.  Section 11-342, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  As used in this section:

     "Elected official" means an individual who currently holds an elected state or county office, including the governor, lieutenant governor, sheriff, state senator, state representative, trustee of the office of Hawaiian affairs, county mayor, county council member, county prosecuting attorney, and any individual appointed to serve in any of the aforementioned offices.

     "Fundraiser" means any function held for the benefit of a candidate, candidate committee, or noncandidate committee that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function.

     "Fundraiser event" means any function held for the benefit of an elected official that is intended or designed, directly or indirectly, to raise contributions for which any price is charged or any contribution is suggested for attending the function."

     SECTION 6.  Section 12-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Nomination papers for candidates for members of Congress, governor, [and], lieutenant governor, and sheriff shall be signed by not less than twenty-five registered voters of the State or of the Congressional district from which the candidates are running in the case of candidates for the United States House of Representatives."

PART II

     SECTION 7.  Section 26-14.8, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  The department of law enforcement shall be headed by a single executive to be known as the [director of law enforcement.] sheriff.

     (b)  The [director of law enforcement] sheriff shall [appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure.  Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department of law enforcement and one deputy director shall oversee administration of the department of law enforcement.] make appointments pursuant to section 353C-3 and other applicable law."

     SECTION 8.  Section 47-18, Hawaii Revised Statutes, is amended to read as follows:

     "§47-18  Action on default.  In case of any default in the payment of the principal of any bonds at maturity or of the interest thereon when the same becomes due, the holder of any of the bonds on which any default is made may bring an action at law against the county making the default, for the amount due by reason of the default, and should any moneys be then or thereafter payable by the State to the county which is defendant in the action, the holder, in the petition and prayer for process, may insert a request to the court issuing process to insert therein a direction to the officer serving the same to leave a true copy thereof attested by any chief of police, the sheriff, [deputy sheriff,] or their authorized subordinates, with the state comptroller, who, hereafter in this chapter, is called the garnishee."

     SECTION 9.  Section 105-4, Hawaii Revised Statutes, is amended by amending its title to read as follows:

     "§105-4  Enforcement; duties of [sheriffs] sheriff, deputy sheriffs, and police officers."

     SECTION 10.  Section 128A-2, Hawaii Revised Statutes, is amended by deleting the definition of "director".

     [""Director" means the director of law enforcement."]

     SECTION 11.  Section 128A-13, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The members of the statewide interoperable communications executive committee shall include the following:

     (1)  The [director of law enforcement] sheriff or the [director's] sheriff's designee, who shall serve as the chair of the committee;

     (2)  The attorney general or the attorney general's designee;

     (3)  The chairperson of the board of land and natural resources or the chairperson's designee;

     (4)  The state chief information officer or the chief information officer's designee;

     (5)  The director of transportation or the director's designee;

     (6)  The director of health or the director's designee;

     (7)  The chairperson of the Hawaii enhanced 911 board or the chairperson's designee; and

     (8)  Four members at the executive or senior personnel level from the first responder or emergency management agencies from each of the four counties, to be selected by the respective heads of the first responder or emergency management agencies of each county."

     SECTION 12.  Section 134-51, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person, not authorized by law, who carries concealed upon the person's self or within any vehicle used or occupied by the person or who is found armed with any dirk, dagger, blackjack, slug shot, billy, metal knuckles, pistol, or other deadly or dangerous weapon shall be guilty of a misdemeanor and may be immediately arrested without warrant by any deputy sheriff, police officer, or other officer or person.  Any weapon, above enumerated, upon conviction of the one carrying or possessing it under this section, shall be summarily destroyed by the chief of police or sheriff."

     SECTION 13.  Section 134-81, Hawaii Revised Statutes, is amended by amending the definition of "law enforcement officer" to read as follows:

     ""Law enforcement officer" means a [sheriff or] deputy sheriff, a police officer, an enforcement officer within the division of conservation and resources enforcement of the department of land and natural resources, a special agent of the department of the attorney general, and any other public servant vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses."

     SECTION 14.  Section 139-11, Hawaii Revised Statutes, is amended by amending subsections (b) to (d) to read as follows:

     "(b)  After receiving written notification, the division head shall complete an investigation pursuant to subsection (c) as soon as practicable and notify the [state department] first deputy [director] sheriff of law enforcement or chief of police of the respective county, as applicable, of the outcome of the investigation in writing.

     (c)  Any division head who receives a report of use of excessive force under this section shall immediately begin conducting an investigation and reach a timely determination on the merits.  If the division head determines that sufficient evidence shows that the law enforcement officer used excessive force, the name of the law enforcement officer who exercised the use of excessive force and act of excessive force shall be disclosed to the [state department] first deputy [director] sheriff of law enforcement or chief of police of the respective county, as applicable.  If the division head determines that evidence of use of excessive force is insufficient, the division head shall provide the [state department] first deputy [director] sheriff of law enforcement or chief of police of the respective county, as applicable, 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 [state department] first deputy [director] sheriff of law enforcement or chief of police who received the written notification shall notify the [state department director] sheriff or police commission of the respective county, as applicable, of the outcome of the investigation in writing."

     SECTION 15.  Section 143-1, Hawaii Revised Statutes, is amended by amending the definition of "officer" to read as follows:

     ""Officer" means any deputy sheriff, [deputy,] any member of a police force [in counties] serving any county with a population of less than 100,000 [and], or any animal control [officers] officer of the several counties of the State."

     SECTION 16.  Section 291C-27, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  As used in this section, "emergency vehicle" means a police or fire department vehicle, ocean safety vehicle, emergency medical services vehicle, freeway service patrol vehicle, department of law enforcement vehicle, deputy sheriff [division] vehicle, Hawaii emergency management agency vehicle, county emergency management vehicle, civil defense vehicle, department of transportation harbors division vehicle, department of land and natural resources division of conservation and resources enforcement vehicle, or a tow truck."

     SECTION 17.  Section 326-35, Hawaii Revised Statutes, is amended to read as follows:

     "§326-35  [Sheriff,] Deputy sheriff, appointment, removal.  There shall be no county officer in the county other than a deputy sheriff, who shall be a patient resident of and be appointed in the county by the [department of health] sheriff and who shall hold office at the pleasure of the [department] sheriff or until a successor is appointed by the [department.] sheriff.  When a qualified patient resident is not available, the [department] sheriff may appoint a staff employee or other qualified person to serve as sheriff."

     SECTION 18.  Section 329-69, Hawaii Revised Statutes, is amended to read as follows:

     "§329-69  Subpoena powers.  Subject to the privileges which witnesses have in the courts of this State, the [director of law enforcement] sheriff or the [director's] sheriff's designated subordinate is empowered pursuant to and in accordance with the rules of court to subpoena witnesses, examine them under oath and require the production of books, papers, documents or objects where the [director of law enforcement] sheriff reasonably believes the information sought is relevant or material to enforcement of this chapter.  Books, papers, documents, or objects obtained pursuant to exercise of these powers may be retained by the [director of law enforcement] sheriff or the [director's] sheriff's designate for forty-eight hours for the purpose of examination, audit, copying, testing, or photographing.  Upon application by the [director of law enforcement,] sheriff, obedience to the subpoenas may be enforced by the circuit court in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court."

     SECTION 19.  Section 353C-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Sheriff" means the single executive of the department."

     2.  By deleting the definition of "director".

     [""Director" means the director of law enforcement."]

     SECTION 20.  Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:

     "§353C-2  [Director of law enforcement;] Sheriff; powers and duties.  (a)  The [director of law enforcement] sheriff shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state law enforcement programs and homeland security, including the deployment of adequate resources and coordination with county police departments to protect the health and safety of homestead communities on Hawaiian home lands.  In the administration of these programs, the [director] sheriff may:

     (1)  Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the [director] sheriff deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

     (2)  Train, equip, maintain, and supervise the force of law enforcement officers and other employees of the department;

     (3)  Serve process both in civil and criminal proceedings;

     (4)  Perform other duties as may be required by law;

     (5)  Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of state law enforcement programs; and

     (6)  Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.

     (b)  The sheriff shall also advise the governor on law enforcement matters; provided that this subsection shall not be construed to provide that the sheriff is subject to the orders of the governor."

     SECTION 21.  Section 353C-3, Hawaii Revised Statutes, is amended to read as follows:

     "§353C-3  [Deputy directors;] First deputy sheriffs; appointment.  The [director] sheriff shall appoint, without regard to chapter 76, [two deputy directors to serve at the director's pleasure.  Unless otherwise assigned by the director,] one first deputy [director] sheriff of law enforcement, who shall oversee the law enforcement programs of the department, and one first deputy [director] sheriff of administration, who shall oversee administration of the department.  The sheriff may also assign other duties to the first deputies, who shall serve at the sheriff's pleasure."

     SECTION 22.  Section 353C-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§353C‑9[]]  Department accreditation required.  The department shall pursue and obtain accreditation [for the sheriff division] from the Commission on Accreditation for Law Enforcement Agencies, Inc."

     SECTION 23.  Section 386-181, Hawaii Revised Statutes, is amended by amending the definition of "sheriffs' chaplain" to read as follows:

     ""Sheriffs' chaplain" means a member of an authorized chaplaincy program of the department of law enforcement who performs functions similar to a police chaplain in a voluntary and unpaid capacity [for the sheriff division]."

     SECTION 24.  Section 651-1, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  Nothing in this chapter shall be construed to make an independent civil process server a law enforcement officer, [sheriff, or] deputy sheriff, or an employee or agent of the department of law enforcement or the State.

     (d)  As used in this chapter, "police officer" means the [director of law enforcement] sheriff or the [director's] sheriff's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of law enforcement pursuant to section 353C-11."

     SECTION 25.  Section 803-23, Hawaii Revised Statutes, is amended to read as follows:

     "§803-23  Searching vessels without warrant; penalty.  It shall be lawful for [the] any deputy sheriff or [a] police officer[,] to search any vessel for deserters, criminals, or other offenders, without a warrant, on producing to the commanding officer of the vessel the deputy sheriff's or police officer's commission or appointment as sheriff or police officer; and the commanding officer of a vessel who refuses any deputy sheriff or police officer, access to the vessel or any part thereof shall be fined not less than $10 nor more than $1,000."

     SECTION 26.  Section 803-35, Hawaii Revised Statutes, is amended to read as follows:

     "§803-35  Deputies or police officers may serve.  If the search warrant is directed to [a] the sheriff or a chief of police, it may be executed by the sheriff or chief of police or any of the sheriff's deputies or the chief's police officers.  An individual or entity authorized pursuant to section 803-37 to provide technical assistance may assist a deputy or police officer."

     SECTION 27.  Section 804-5, Hawaii Revised Statutes, is amended to read as follows:

     "§804-5  By whom allowed.  In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6.  In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, or the deputy sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail.  The court shall impose conditions of release or bail that are the least restrictive conditions required to ensure the accused's appearance and to protect the public."

     SECTION 28.  Section 804-18, Hawaii Revised Statutes, is amended to read as follows:

     "§804-18  Witness, summary process for.  Courts may also, on motion of the public prosecutor, order [any] the sheriff or chief of police or the sheriff's or chief's authorized subordinate to arrest and bring before them any person who has been bound by recognizance or summoned to appear and give testimony and who has not attended at the time appointed.  When so arrested, the witnesses may be also fined in any sum not exceeding $100 for their neglect, and shall remain in custody until they give their testimony and are discharged from further attendance, or until they give such security as shall satisfy the court, for their appearance to testify."

     SECTION 29.  Section 804-41, Hawaii Revised Statutes, is amended to read as follows:

     "§804-41  Discharge of surety.  At any time before the breach of the condition of the bond, the surety may discharge oneself by surrendering the principal into the hands of [any] the sheriff or the chief of police or the sheriff's or chief's authorized subordinate."

     SECTION 30.  Sections 76-16, 84-18, 88-21, 128B-1, 134C-2, 139-1, 139-2, 200-27, 226-64, 291-31.5, 329-51, 329-59, 346-382, 577E-3, 587A-4, 614-2, and 707-700, Hawaii Revised Statutes, are amended by substituting the term "sheriff" wherever the term "director of law enforcement" appears, as the context requires.

     SECTION 31.  Sections 78-52, 183D-11, 187A-14, 325-9, and 353C-11, Hawaii Revised Statutes, are amended by substituting the term "deputy sheriff", or similar term, wherever the term "sheriff, deputy sheriff", "sheriff or deputy sheriff", or similar term, appears, as the context requires.

     SECTION 32.  Sections 128A-3, 128A-4, 128A-6, 353C-4, 353C‑5, and 353C-8.5, Hawaii Revised Statutes, are amended by substituting the term "sheriff" wherever the term "director" appears, as the context requires.

     SECTION 33.  Sections 143-7, 231-25, 249-14.2, 281-108, 286-52, 286-52.5, 321-1, 326-36, 326-37, 326-38, 353-11, 356D‑54, 356D-64, 356D-94, 383-71, 482E-4, 485A-202, 501-42, 501-171, 501-218, 712-1200, 712-1200.5, 712-1209.1, 803-34, 804‑14, and 846-2.5, Hawaii Revised Statutes, are amended by substituting the term "deputy sheriff", "deputy sheriffs", or similar term, wherever the term "sheriff", "sheriffs", or similar term, appears, as the context requires.

PART III

     SECTION 34.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 35.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 36.  This Act shall only take effect upon ratification, during the 2024 general election, of a constitutional amendment requiring the election of a sheriff as the single executive of the department of law enforcement; provided that:

     (1)  Part I shall take effect on January 1, 2025; and

     (2)  Part II shall take effect on December 1, 2026.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sheriff; Elections; Administration; Conforming Amendments

 

Description:

Takes effect only upon ratification of constitutional amendment requiring the election of the Sheriff as the single executive of the Department of Law Enforcement.  Effective 1/1/2025, amends elections law to accommodate the election of the Sheriff.  Effective 12/1/2026, makes statutory amendments to make administrative changes to the Department.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.