Bill Text: HI HB1901 | 2020 | Regular Session | Amended


Bill Title: Relating To Public Safety.

Spectrum: Strong Partisan Bill (Democrat 24-2)

Status: (Engrossed) 2020-06-26 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [HB1901 Detail]

Download: Hawaii-2020-HB1901-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1901

THIRTIETH LEGISLATURE, 2020

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

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

 


     SECTION 1.  Section 139-1, Hawaii Revised Statutes, is amended by amending the definition of "law enforcement officer" to read as follows:

     ""Law enforcement officer" means:

     (1)  A police officer employed by a county police department;

     (2)  A public safety officer employed by the department of public safety; or

     (3)  An employee of the department of transportation, department of land and natural resources, department of taxation, [or] department of the attorney general, or any county department of the prosecuting attorney who is conferred by law with general police powers."

     SECTION 2.  Section 139-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the law enforcement standards board within the department of the attorney general for administrative purposes only.  The purpose of the board shall be to provide programs and standards for training and certification of law enforcement officers[.], review and recommend policies on the use of force, and receive and investigate complaints relating to a law enforcement officer's certification.  The law enforcement standards board shall consist of the following voting members:  nine ex officio individuals, two law enforcement officers, and four members of the public.

     (1)  The nine ex officio members of the board shall consist of the:

          (A)  Attorney general;

          (B)  Director of public safety;

          (C)  Director of transportation or the director's designee;

          (D)  Chairperson of the board of land and natural resources or chairperson's designee;

          (E)  Director of taxation or the director's designee; and

          (F)  Chiefs of police of the four counties;

     (2)  The two law enforcement officers shall each have at least ten years of experience as a law enforcement officer and shall be appointed by the governor; and

     (3)  The four members of the public shall consist of one member of the public from each of the four counties and shall be appointed by the governor.  At least two of the four members of the public holding a position on the board at any given time shall:

          (A)  Possess a master's or doctorate degree related to criminal justice;

          (B)  Possess a law degree and have experience:

              (i)  Practicing in Hawaii as a deputy attorney general, a deputy prosecutor, deputy public defender, or private criminal defense attorney; or

             (ii)  Litigating constitutional law issues in Hawaii;

          (C)  Be a recognized expert in the field of criminal justice, policing, or security; or

          (D)  Have work experience in a law enforcement capacity; provided that experience in a county police department shall not itself be sufficient to qualify under this paragraph."

     SECTION 3.  Section 139-3, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§139-3[]]  Powers and duties of the board.  The board shall:

     (1)  Adopt rules in accordance with chapter 91 to implement this chapter;

     (2)  Establish minimum standards for employment as a law enforcement officer and to certify persons to be qualified as law enforcement officers;

     (3)  Establish criteria and standards in which a person who has been denied certification, whose certification has been revoked by the board, or whose certification has lapsed may reapply for certification;

     (4)  Establish minimum criminal justice curriculum requirements for basic, specialized, and in-service courses and programs for schools operated by or for the State or a county for the specific purpose of training law enforcement officers;

     (5)  Consult and cooperate with the counties, agencies of the State, other governmental agencies, universities, colleges, and other institutions concerning the development of law enforcement officer training schools and programs of criminal justice instruction;

     (6)  Employ, subject to chapter 76, an administrator and other persons necessary to carry out its duties under this chapter;

     (7)  Review and recommend policies regarding the use of force for departments employing law enforcement officers;

    [(7)] (8)  Investigate when there is reason to believe that a law enforcement officer does not meet the minimum standards for employment, and in so doing, may:

          (A)  Subpoena persons, books, records, or documents;

          (B)  Require answers in writing under oath to questions asked by the board; and

          (C)  Take or cause to be taken depositions as needed in investigations, hearings, and other proceedings,

          related to the investigation;

     (9)  Receive and investigate complaints of actions or omissions of a law enforcement officer that may result in a denial, suspension, or revocation of the law enforcement officer's certification under section 139-8;

    [(8)] (10)  Establish and require participation in continuing education programs for law enforcement officers;

    [(9)] (11)  Have the authority to charge and collect fees for applications for certification as a law enforcement officer; and

   [(10)] (12)  Establish procedures and criteria for the revocation of certification issued by the board."

     SECTION 4.  Section 139-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The board shall adopt rules, pursuant to chapter 91, that establish criteria for the denial, suspension, or revocation of a law enforcement officer's certification, including upon a finding by the board that the law enforcement officer:

     (1)  Knowingly falsified or omitted material information on the law enforcement officer's application for training or certification to the board;

     (2)  Has been convicted at any time of a felony offense under the laws of this State or has been convicted of a federal or out-of-state offense comparable to a felony under the laws of this State; provided that if a law enforcement officer was convicted of a felony before being employed as a law enforcement officer, and the circumstances of the prior felony conviction were fully disclosed to the employer of the law enforcement officer before being hired, the board may revoke certification only with the agreement of the employing law enforcement agency;

     (3)  Interfered with an investigation or action for denial or revocation of certification by:

          (A)  Knowingly making a materially false statement to the board; or

          (B)  In any matter under investigation by or otherwise before the board, tampering with evidence or tampering with or intimidating any witness; [or]

     (4)  Violated written policy of the department employing the officer during the time of employment;

     (5)  Used force in a manner not justified under section 703-307; or

    [(4)] (6)  Has taken other prohibited action as established by the board, by rule."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.


 


 

Report Title:

Law Enforcement Standards Board; Complaints; Law Enforcement Officer's Certification; Rules

 

Description:

Includes any count department of the prosecuting attorney in the definition of "law enforcement officer".  Requires the law enforcement standards board to review and recommend policies regarding the use of force and receive and investigate complaints of a law enforcement officer's actions or omissions that may result in denial, suspension, or revocation of the officer's certification.  Requires the board to adopt rules that establish criteria for denial, suspension, or revocation of a law enforcement officer's certification upon a finding that the officer violated written departmental policy or used unjustified force.  (SD1)

 

 

 

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

 

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