Bill Text: HI SB2058 | 2018 | Regular Session | Introduced
Bill Title: Relating To Private Detectives And Guards.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed - Dead) 2018-03-08 - Referred to IAC/PBS, CPC, referral sheet 35 [SB2058 Detail]
Download: Hawaii-2018-SB2058-Introduced.html
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THE SENATE |
S.B. NO. |
2058 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRIVATE detectives and guards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that police officers are a special class of law enforcement. They receive rigorous training, are subject to direct oversight by the State, and wield broad powers to ensure the security and safety of the State and its citizens, including the powers to detain and search individuals.
The legislature further finds that some private security guards have expanded their role in which they serve their employer. While private security guards make a valuable contribution to the State's security, they are not police officers. It is therefore important that a citizen know whether the citizen is dealing with a private security guard or with a police officer. The legislature notes that private detectives and guards are not permitted to imply any association with a government agency.
Accordingly, the purpose of this Act is to clarify that private detectives and guards are prohibited from self-identifying as a law enforcement officer, police, or police officer, and to require the periodic review of any insignia used by any private detectives or guards to ensure that such insignia does not lead to any confusion by the public as to the legal authority of private detectives and guards.
SECTION 2. Section 463-3, Hawaii Revised Statutes, is amended to read as follows:
"§463-3 Policy; powers and duties. It is the policy of this State to protect the general public from unlawful and unethical conduct and operation of the business of private detectives and guards. In addition to any other powers and duties authorized by law, the board may adopt, amend, or repeal rules, which shall have the force and effect of law, relating to qualifications for licensing of private detectives and guards, to the conduct and operation of the businesses of such license, and to the denial, renewal, reactivation, revocation, or suspension for cause of such licenses. The board shall consult with appropriate state and federal agencies and any appropriate industry or trade organization in establishing those rules. The rules so established shall be on the basis of what the board deems best suited to the public interest. The board also shall examine applicants for private detective or guard licenses, grant licenses, and revoke or suspend licenses of licensees who violate this chapter. The board also shall review and approve all badges, uniforms, forms of identification, emblems, and other accoutrements to be worn or used by a licensee or an employee of a licensee and thereafter review and approve any subsequent changes to the badges, uniforms, forms of identification, emblems, and other accoutrements. The board shall not approve any badge, uniform, form of identification, emblem, or other accoutrement that includes the words "police" or "law enforcement"."
SECTION 3. Section 463-11, Hawaii Revised Statutes, is amended to read as follows:
"§463-11 Association with
government not to be implied. (a)
No licensee or employee of a licensee
shall [use]:
(1) Use any designation or trade name which
implies any association with any municipal, county, state, or territorial
government or the federal government, or any agency thereof; [nor shall a
licensee or employee of any licensee wear]
(2) Wear or use any badge [or],
uniform, equipment, vehicle, or other accoutrement capable of being
associated with the badge [or], uniform, equipment, vehicle,
or other accoutrement of any law enforcement officer employed by a government
law enforcement organization[.];
(3) Wear or use any badge, uniform, equipment,
vehicle, or other accoutrement including the words "police" or
"law enforcement"; or
(4) Use the terms "law enforcement
officer", "police", or "police officer" to
self-identify as such.
(b) A licensee shall, before changing or modifying
any badge, uniform, equipment, vehicle, or other accoutrement used by the
licensee or one of the licensee's employees, submit the proposed change or
modification to the board for review and receive approval from the board prior
to its intended use.
(c) For purposes of this section, "law
enforcement officer" has the same meaning as in section 710-1000."
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.
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INTRODUCED BY: |
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Report Title:
Private Detectives; Private Guards; Law Enforcement Officers; Association with Government Agency Prohibited; Identification; Board of Private Detectives and Guards
Description:
Prohibits private detectives and guards from self-identifying as law enforcement officers, police, or police officers and from wearing or using any badge, uniform, equipment, vehicle, or other accoutrement capable of being associated with that of a law enforcement officer employed by a government law enforcement organization. Requires review and approval of any badge, uniform, equipment, vehicle, or other accoutrement to be used by private detectives or guards by the board of private detectives and guards.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
