Bill Text: HI HB1918 | 2012 | Regular Session | Introduced
Bill Title: Police Officers; Public Safety Officers; Domestic Abuse
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-01-30 - (H) The committee(s) on HUS recommend(s) that the measure be deferred. [HB1918 Detail]
Download: Hawaii-2012-HB1918-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1918 |
|
TWENTY-SIXTH LEGISLATURE, 2012 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to domestic abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 52D-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§52D-6[]] Police
force; employees[.]; disqualification or disciplinary action for officers
convicted of domestic abuse. (a) The chief of police may
appoint officers and other employees under such rules and at such salaries as
are authorized by law. Probationary appointment, suspension, and dismissal of
officers and employees of the police department shall be as authorized by law.
(b) No person who has been convicted of or pled guilty or no contest to any domestic abuse offense shall be appointed as a police officer within the three years immediately following the date of the conviction or plea.
(c) The chief of police may suspend or dismiss any police officer who has been convicted of or pled guilty or no contest to any domestic abuse offense.
(d) For the purposes of this section, "domestic abuse offense" means:
(1) Abuse of a family or household member under section 709-906; or
(2) Any of the following offenses when committed against a family or household member as defined in section 709-906(1):
(A) Assault under sections 707-710, 707-711(1)(a) or (d), or 707-712(1)(a);
(B) Criminal property damage under sections 708-820 to 708-823 committed with the intent to intimidate, threaten, or harass the family or household member;
(C) Harassment by stalking under section 711-1106.5; or
(D) Aggravated harassment by stalking under section 711-1106.4."
SECTION 2. Section 353C-4, Hawaii Revised Statutes, is amended to read as follows:
"§353C-4 Appointment of employees with
police powers and other employees[.]; disqualification or
disciplinary action for public safety officers convicted of domestic abuse.
(a) The director may appoint employees to be public safety officers who shall
have all of the powers of police officers; provided that [the]:
(1) The director may establish and
assign the employees to positions or categories of positions that may have
differing titles, specific duties, and limitations upon the exercise of police
powers[.];
(2) No person who has been convicted of or pled guilty or no contest to any domestic abuse offense shall be appointed as a public safety officer within the three years immediately following the date of the conviction or plea; and
(3) The director may suspend or dismiss any public safety officer who has been convicted of or pled guilty or no contest to any domestic abuse offense.
(b) The director may appoint other personnel necessary to carry out the functions of the department.
(c) The state law enforcement officers transferred from the department of the attorney general by Act 211, Session Laws of Hawaii 1989, shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department. State law enforcement officers shall have all of the powers of police officers, including the power of arrest.
(d) For the purposes of this section, "domestic abuse offense" means:
(1) Abuse of a family or household member under section 709-906; or
(2) Any of the following offenses when committed against a family or household member as defined in section 709-906(1):
(A) Assault under sections 707-710, 707-711(1)(a) or (d), or 707-712(1)(a);
(B) Criminal property damage under sections 708-820 to 708-823 committed with the intent to intimidate, threaten, or harass the family or household member;
(C) Harassment by stalking under section 711-1106.5; or
(D) Aggravated harassment by stalking under section 711-1106.4."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Police Officers; Public Safety Officers; Domestic Abuse
Description:
Prohibits the appointment of police officers or public safety officers within three years of a domestic abuse conviction or plea. Authorizes the suspension or dismissal of police officers and public safety officers who commit domestic abuse.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
