Bill Text: HI HB1199 | 2016 | Regular Session | Introduced

Hawaii House Bill 1199 (Prior Session Legislation)

Introduced

Bill Title: Domestic Violence Policy; Law Enforcement Agencies

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1199 Detail]

Download: Hawaii-2016-HB1199-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1199
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

Relating to domestic violence.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 31 to be appropriately designated and to read as follows:

"Chapter

law enforcement agencies domestic violence policy

§ -1 Definitions. As used in this chapter:

"Agency" means any county police department, the department of public safety, or any state or county public body that employs law enforcement officers.

"Dating relationship" means a romantic, courtship, or engagement relationship, often but not necessarily characterized by actions of an intimate or sexual nature, but does not include a casual acquaintanceship or ordinary fraternization between persons in a business or social context.

"Domestic violence" means:

(1) Physical harm, bodily injury, or assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, or malicious property damage between family or household members; or

(2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member.

"Extreme psychological abuse" means an intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer extreme emotional distress.

"Family or household member" means spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, persons jointly residing or formerly residing in the same dwelling unit, and persons who have or have had a dating relationship.

"Law enforcement officer" means all positions that require the possession of firearms, including a sheriff, deputy sheriff, police officer, parole officer, or probation officer.

"Malicious property damage" means intentional or knowing damage to the property of another, without consent, with an intent to thereby cause emotional distress.

§ -2 Domestic violence policy; adoption; implementation. (a) By January 1, 2016, every agency shall adopt and implement a written policy on domestic violence committed or allegedly committed by law enforcement officers of the agency that meets the minimum standards specified in this section. In developing its policy, each agency shall consult public and private non-profit domestic violence advocates and any other organizations and professions the agency finds appropriate.

(b) The policy shall provide due process for law enforcement officers and, at a minimum, shall provide:

(1) Prehire screening procedures reasonably calculated to disclose whether an applicant for a law enforcement officer position:

(A) Has committed or, based on credible sources, has been accused of committing an act of domestic violence; or

(B) Is currently or has previously been subject to any order under chapter 586;

(2) Procedures for mandatory and immediate response to acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

(3) Procedures for delivering information to a law enforcement officer, upon the request of the law enforcement officer or when the law enforcement officer has been alleged to have committed an act of domestic violence, on domestic violence prevention programs;

(4) Procedures for mandatory and immediate reporting by agency employees when an employee becomes aware of an allegation of domestic violence committed or allegedly committed by a law enforcement officer of the agency;

(5) Procedures to address reporting by an agency employee who is the victim of domestic violence committed or allegedly committed by a law enforcement officer;

(6) Procedures for mandatory and immediate self-reporting by a law enforcement officer to the officer's employing agency when the agency has responded to a domestic violence call in which the law enforcement officer committed or allegedly committed an act of domestic violence;

(7) Procedures for mandatory and immediate self-reporting by a law enforcement officer to the officer's employing agency if the officer is currently or has previously been subject to any order under chapter 586;

(8) Procedures for the initiation of prompt, separate, and impartial administrative and criminal investigations of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

(9) Procedures for appropriate action to be taken during an administrative or criminal investigation of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer; provided that each agency shall develop administrative procedures to determine, in a manner consistent with applicable law and the agency's ability to maintain public safety, whether to relieve the law enforcement officer of agency-issued weapons and other agency-issued property and whether to suspend the law enforcement officer's power of arrest or other powers pending resolution of any investigation;

(10) Procedures regarding the imposition of penalties or disciplinary action under the policy;

(11) Procedures to make available to the alleged victim the following information immediately upon an allegation of domestic violence committed by a law enforcement officer:

(A) The agency's written policy on domestic violence committed or allegedly committed by a law enforcement officer;

(B) Information, including but not limited to contact information, about public and private non-profit domestic violence advocates and services; and

(12) Procedures for the timely response to an alleged victim's inquiries into the status of the administrative investigation and the procedures the agency will follow in an investigation of domestic violence committed or allegedly committed by a law enforcement officer;

(13) Procedures requiring any agency to immediately notify the employing agency of a law enforcement officer when the separate notifying agency becomes aware of acts or allegations of domestic violence committed or allegedly committed by the law enforcement officer; and

(14) Procedures for agencies to access and share domestic violence training.

§ -3 Training. (a) No later than January 1, 2016, every law enforcement officer hired by an agency before July 1, 2015, shall be trained by the agency on the agency's policy required under this chapter.

(b) Law enforcement officers hired by an agency on or after July 1, 2015, shall, within six months of beginning employment, be trained by the agency on the agency's policy instituted pursuant to this chapter.

§ -4 Reporting. No later than twenty days prior to the convening of each regular session beginning with the regular session of 2017, every agency shall submit to the legislature and governor a copy of its policy developed under this chapter, any revisions to the policy, and a statement as to whether the agency has complied with the training required under this chapter. The submission required by this section may be provided in electronic format.

§ -5 Possession of a firearm after issuance of a protective order or conviction for domestic violence. (a) No law enforcement officer shall possess a firearm when that law enforcement officer is subject to a court order that:

(1) Was issued after a hearing of which the law enforcement officer received actual notice and at which the law enforcement officer had an opportunity to participate;

(2) Restrains the law enforcement officer from harassing, stalking, or threatening an intimate partner of the law enforcement officer or child of an intimate partner of the law enforcement officer, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the intimate partner or child;

(3) Includes a finding that the law enforcement officer represents a credible threat to the physical safety of an intimate partner or child; and

(4) Prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against an intimate partner or child.

(b) No law enforcement officer who has been convicted in any court of a misdemeanor or felony crime of domestic violence shall possess a firearm unless the conviction has been expunged or set aside."

SECTION 2. Each state and county law enforcement agency subject to this Act shall provide a report to the legislature, no later than twenty days prior to the convening of the regular session of 2016, regarding the agency's adoption and implementation of the domestic violence policy required by this Act and recommendations, including recommendations for further legislation, regarding domestic violence policies for law enforcement agencies in Hawaii.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Domestic Violence Policy; Law Enforcement Agencies

Description:

Requires law enforcement agencies to adopt and implement a written policy on domestic violence committed or allegedly committed by agency law enforcement officers. Establishes standards, training deadlines, administrative procedures, and reporting requirements.

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