Bill Text: HI SB1149 | 2025 | Regular Session | Introduced
Bill Title: Relating To Hate Crimes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-30 - The committee(s) on PSM has scheduled a public hearing on 02-03-25 3:15PM; Conference Room 225 & Videoconference. [SB1149 Detail]
Download: Hawaii-2025-SB1149-Introduced.html
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THE SENATE |
S.B. NO. |
1149 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to hate crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that comprehensive data collection and timely reporting are essential to effectively address hate crimes and protect communities from bias-motivated violence. Amending Hawaii's existing hate crimes law to mandate the collection of data of all reported possible hate crimes will improve transparency, enhance accountability, and provide policymakers and law enforcement with critical tools to address these crimes.
The purpose of this Act is to require the reporting of all reported possible hate crimes to appropriate authorities and to ensure the consistent documentation and analysis of such incidents.
SECTION 2. Section 846-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Reported hate
crime" means any reported incident, regardless of whether it results in
criminal charges, where there is evidence or indication that bias or prejudice
may have been a motivating factor."
2. By amending the definition of "hate crime data" to read:
""Hate crime data"
means information, incident reports, records, and statistics relating to hate
crimes[,] and reported hate crimes, collected by the attorney
general."
SECTION 3. Section 846-52, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all hate crime data and reported hate crimes from all agencies that have primary investigative, action, or program responsibility for adult or juvenile offenses, including the county police departments, the county prosecutors, the family courts, and the departments or agencies responsible for administering any correctional facilities.
(b) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information concerning the commission of hate crimes and reported hate crimes and obtaining the agreement of agencies permitted to directly input and access information."
SECTION 4. Section 846-53, Hawaii Revised Statutes, is amended to read as follows:
"[[]§846-53[]] Responsibility of agencies[.];
law enforcement training. (a) Agencies that have investigative, detention,
custodial, adjudicative, or program responsibility for adult or juvenile
offenses shall cooperate with the attorney general in establishing the hate
crime reporting system by:
(1) Providing
information in the agency files that can be included pursuant to the format
approved by the attorney general; provided that the information shall
include the following:
(A) The
nature of the offense, including specific evidence or indicators of bias;
(B) The
demographic information of the victim or victims and suspect or suspects, if
known;
(C) The
location and date of the incident;
(D) The
status of the investigation and any resulting criminal charges or resolutions;
and
(E) Any
other information deemed necessary by the attorney general;
(2) Maintaining procedures internally consistent with uniform procedures and guidelines provided by the attorney general;
(3) Reporting information to the attorney general that is timely, complete, and accurate after the occurrence of an event over which the agency had direct responsibility; and
(4) Maintaining
procedures for the periodic checking of information to minimize the possibility
of storing and maintaining inaccurate information.
(b) Law enforcement officers shall receive annual
training to identify, investigate, and document hate crimes and possible hate
crimes, including guidance on recognizing bias indicators and interacting with
impacted communities.
(c) Failure to comply with the reporting
requirements of this section may result in administrative penalties as
determined by the attorney general."
SECTION 5. The attorney general shall establish or update guidelines, protocols, and training materials for the reporting and investigation of hate crimes and possible hate crimes within ninety days of the effective date of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hate Crimes; Reporting; Agencies; Training; Attorney General
Description:
Defines "reported hate crime". Requires reporting of all possible reported hate crimes to appropriate authorities, including consistent documentation and analysis of such incidents. Requires law enforcement officers to receive annual training to identify, investigate, and document hate crimes and possible hate crimes. Requires the Attorney General to establish or update guidelines, protocols, and training materials for the reporting and investigation of hate crimes and possible hate crimes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
