Bill Text: HI HB2135 | 2018 | Regular Session | Amended
Bill Title: Relating To Domestic Violence.
Spectrum: Moderate Partisan Bill (Democrat 15-3)
Status: (Introduced - Dead) 2018-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Har, McDermott, Souki, Tupola, Woodson excused (5). [HB2135 Detail]
Download: Hawaii-2018-HB2135-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2135 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DOMESTIC VIOLENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in order to more effectively aid victims of domestic violence, the State must incentivize law enforcement agencies and emergency medical services agencies to develop and adopt formal policies and procedures, including training requirements for personnel and supervisors, that appropriately address the needs of these victims. The legislature further finds that victims of domestic violence are more effectively protected when personnel who are the first to arrive at the scene of a reported incident, such as law enforcement officers and paramedics, are required to conduct lifesaving interventions such as lethality assessments and safety planning with victims. The legislature recognizes, however, that changes to official protocols usually require a period of time to implement and that the affected agencies will need to phase in any new requirements.
Nonetheless, the legislature is keenly aware that delaying implementation of these protocols for much longer will only place victims of domestic violence in greater danger, as they face the constant threat of physical harm. According to a 2017 report by the Centers for Disease Control and Prevention, in killings of women where the circumstances were known, more than fifty per cent of the cases involved intimate partner violence. Even more chilling is the fact that one in ten victims of intimate partner violence-related homicide had reportedly experienced violence in the month preceding death.
The purpose of this Act is to better protect victims of domestic violence by requiring that, as of July 1, 2020, only those law enforcement agencies and emergency medical services agencies whose policies, procedures, and training for personnel and supervisors formally require lethality assessments and safety planning with victims of domestic violence shall receive:
(1) Moneys from the emergency medical services special fund; or
(2) Funds received from the federal government for the purpose of addressing domestic violence.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§28-
Federal funds; distribution; lethality assessment and safety
planning required. (a) To the extent allowed by federal law, the
department of the attorney general shall not distribute any funds received from
the federal government for the purpose of addressing domestic violence to a law
enforcement agency or emergency medical services agency whose policies,
procedures, and training for personnel and supervisors do not formally require
lethality assessments and safety planning with victims of domestic violence.
(b)
As used in this section:
"Emergency medical services
agency" means any government agency, private agency, or company that
provides ambulance services or emergency medical services.
"Law
enforcement agency" means any county police department, the department of
public safety, and any state or county public body that employs law enforcement
officers.
"Lethality assessment" and "safety planning" shall be as described in the most current Police Officer Domestic Violence Model Policy authored by the International Association of Chiefs of Police, or any comparable standards as determined by the department of the attorney general."
SECTION 3. Section 46-7, Hawaii Revised Statutes, is amended to read as follows:
"§46-7 Agreements with federal
government; use of funds. (a) The governing body or the planning commission
or department of the various counties, with the consent of the council, may enter
into agreements (which may extend over any period, notwithstanding any
provision or rule of law to the contrary) with the federal government or any
other public body or bodies respecting action to be taken pursuant to any of
the powers granted to it by law and furnish, expend, and receive any funds or
other assistance in connection with projects being or to be undertaken pursuant
to the powers[.]; provided that, to the extent allowed by federal
law, a county shall not distribute any funds received from the federal
government for the purpose of addressing domestic violence to a law enforcement
agency or emergency medical services agency whose policies, procedures, and
training for personnel and supervisors do not formally require lethality
assessments and safety planning with victims of domestic violence.
(b)
As used in this section:
"Emergency medical services
agency" means any government agency, private agency, or company that
provides ambulance services or emergency medical services.
"Law
enforcement agency" means any county police department, the department of
public safety, and any state or county public body that employs law enforcement
officers.
"Lethality assessment" and "safety planning" shall be as described in the most current Police Officer Domestic Violence Model Policy authored by the International Association of Chiefs of Police, or any comparable standards as determined by the department of the attorney general."
SECTION 4. Section 321-234, Hawaii Revised Statutes, is amended to read as follows:
"§321-234 Emergency medical services special fund. (a) There is established within the state treasury a special fund to be known as the emergency medical services special fund to be administered and expended by the department.
(b)
The moneys in the special fund shall be used by the department for
operating a state comprehensive emergency medical services system including
enhanced and expanded services, and shall not be used to supplant funding for
emergency medical services authorized prior to [[]July 1, 2004[].];
provided that a law enforcement agency or emergency medical services agency whose
policies, procedures, and training for personnel and supervisors do not
formally require lethality assessments and safety planning with victims of domestic
violence shall not receive moneys from the special fund pursuant to this
section.
(c) Fees remitted pursuant to section 249-31, cigarette tax revenues designated under section 245-15, interest and investment earnings attributable to the moneys in the special fund, legislative appropriations, and grants, donations, and contributions from private or public sources for the purposes of the fund, shall be deposited into the special fund.
(d) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session that outlines the receipts of, and expenditures from, the special fund.
(e) As used in this
section:
"Emergency medical services
agency" means any government agency, private agency, or company that
provides ambulance services or emergency medical services.
"Law
enforcement agency" means any county police department, the department of
public safety, and any state or county public body that employs law enforcement
officers.
"Lethality assessment" and "safety planning" shall be as described in the most current Police Officer Domestic Violence Model Policy authored by the International Association of Chiefs of Police, or any comparable standards as determined by the department of the attorney general."
SECTION 5. It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency; provided that, only to the extent necessary to effectuate this intent, the governor may modify the provisions of this Act, but shall promptly report any such modification, with reasons for the modification, to the legislature at its next session immediately following the modification.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall
take effect on July 1, 3000.
Report Title:
Domestic Violence; Law Enforcement; Emergency Medical Services; Personnel; Federal Funds; Emergency Medical Services Special Fund
Description:
Provides that funds received from the federal government for the purpose of addressing domestic violence and moneys from the Emergency Medical Services Special Fund shall not be distributed to a law enforcement agency or emergency medical services agency whose policies, procedures, and training for personnel and supervisors do not formally require lethality assessments and safety planning with victims of domestic violence. Takes effect 7/1/3000. (HB2135 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
