Bill Text: HI SB2197 | 2016 | Regular Session | Amended
Bill Title: Law Enforcement Officers; Grievances; Reports to Legislature; State Agencies; County Police Departments
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-02-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL/WAM. [SB2197 Detail]
Download: Hawaii-2016-SB2197-Amended.html
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THE SENATE |
S.B. NO. |
2197 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§28- Reports to legislature; law enforcement officers. In the capacity as the State's chief law enforcement officer, the attorney general shall ensure that any department or agency of the State, unless otherwise provided by law, submits a report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2017. The report shall include the following information relating to law enforcement officers who are issued a badge and firearm and empowered by law to make arrests:
(1) Within the year immediately preceding the report, identify:
(A) The number of officers terminated for cause and the cause in each case;
(B) The number of officers forced to resign and the reasons therefor; and
(C) The number of officers allegedly involved with conduct punishable as a crime, including:
(i) The status of the investigation, if an officer has not been charged with a crime as of the date of the report; provided that the report shall use an identifier of "I" for under investigation and "F" for final;
(ii) If a grievance has been filed against an officer as of the date of the report, the report shall use an identifier of "P" for grievance pending; and
(iii) If any grievance has been resolved through arbitration, the summary of findings if any of the arbitrator; provided that the report shall use an identifier of "A" for arbitration; and
(2) Identify any case involving any conduct of a sexual nature."
SECTION 2. Section 26-19, Hawaii Revised Statutes, is amended to read as follows:
"§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and such other transportation facilities and activities as may be authorized by law.
The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs.
The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle.
The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter.
On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation.
(b) The department of transportation shall submit a report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2017. The report shall include the following information relating to law enforcement officers with responsibility for harbors and airport security under the jurisdiction of the department:
(1) Within the year immediately preceding the report, identify:
(A) The number of officers terminated for cause and the cause in each case;
(B) The number of officers forced to resign and the reasons therefor; and
(C) The number of officers allegedly involved with conduct punishable as a crime, including:
(i) The status of the investigation, if an officer has not been charged with a crime as of the date of the report; provided that the report shall use an identifier of "I" for under investigation and "F" for final;
(ii) If a grievance has been filed against an officer as of the date of the report, the report shall use an identifier of "P" for grievance pending; and
(iii) If any grievance has been resolved through arbitration, the summary of findings if any of the arbitrator; provided that the report shall use an identifier of "A" for arbitration; and
(2) Identify any case involving any conduct of a sexual nature."
SECTION 3. Section 52D-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The report shall:
(1) Summarize the facts and the nature of the misconduct for each incident;
(2) Specify the disciplinary action imposed for each incident;
(3) Identify any other incident in the annual report
committed by the same police officer; [and]
(4) State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer or the police officer's representative has concluded:
(A) If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:
(i) Whether the incident concerns conduct punishable as a crime, and if so, describe the county police department's findings of fact and conclusions of law concerning the criminal conduct; and
(ii) Whether the county police department notified the respective county prosecuting attorney of the incident; or
(B) If the highest nonjudicial grievance
adjustment procedure has not concluded, the report shall state the current
stage of the nonjudicial grievance adjustment procedure as of the end of the
reporting period[.];
(5) State the number of officers forced to resign and the reasons therefor;
(6) Identify the number of officers allegedly involved with conduct punishable as a crime, including:
(A) The status of the investigation, if an officer has not been charged with a crime as of the date of the report; provided that the report shall use an identifier of "I" for under investigation and "F" for final;
(B) If a grievance has been filed against an officer as of the date of the report, the report shall use an identifier of "P" for grievance pending; and
(C) If any grievance has been resolved through arbitration as the highest nonjudicial grievance adjustment procedure as provided in subsection (f), the summary of findings, if any, of the arbitrator; provided that the report shall use an identifier of "A" for arbitration; and
(7) Identify any case involving any conduct of a sexual nature."
SECTION 4. Section 171-3, Hawaii Revised Statutes, is amended to read as follows:
"§171-3 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the water resources, ocean waters, navigable streams, coastal areas (excluding commercial harbor areas), and minerals and all other interests therein and exercise such powers of disposition thereof as may be authorized by law. The department shall also manage and administer the state parks, historical sites, forests, forest reserves, aquatic life, aquatic life sanctuaries, public fishing areas, boating, ocean recreation, coastal programs, wildlife, wildlife sanctuaries, game management areas, public hunting areas, natural area reserves, and other functions assigned by law.
(b) Notwithstanding subsection (a), beginning January 1, 2010, the authority to manage, administer, and exercise control over any public lands that are designated important agricultural lands pursuant to section 205-44.5, shall be transferred to the department of agriculture.
(c) The department of land and natural resources shall submit a report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2017. The report shall include the following information relating to the law enforcement officers under the jurisdiction of the department, including small boat harbors and natural resources:
(1) Within the year immediately preceding the report identify:
(A) The number of officers terminated for cause and the cause in each case;
(B) The number of officers forced to resign and the reasons therefor; and
(C) The number of officers allegedly involved with conduct punishable as a crime, including:
(i) The status of the investigation, if an officer has not been charged with a crime as of the date of the report; provided that the report shall use an identifier of "I" for under investigation and "F" for final;
(ii) If a grievance has been filed against an officer as of the date of the report, the report shall use an identifier of "P" for grievance pending; and
(iii) If any grievance has been resolved through arbitration, the summary of findings if any of the arbitrator; provided that the report shall use an identifier of "A" for arbitration; and
(2) Identify any case involving any conduct of a sexual nature."
SECTION 5. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:
"§353C-2 Director of public
safety; powers and duties. [[](a)[]] The director of public
safety shall administer the public safety programs of the department of public
safety and shall be responsible for the formulation and implementation of state
goals and objectives for correctional and law enforcement programs, including
ensuring that correctional facilities and correctional services meet the
present and future needs of persons committed to the correctional facilities.
In the administration of these programs, the director may:
(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;
(2) Train, equip, maintain, and supervise the force of public safety officers, including law enforcement and correctional personnel, and other employees of the department;
(3) Serve process both in civil and criminal proceedings;
(4) Perform other duties as may be required by law;
(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of public safety programs; and
(6) Enter into contracts in behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.
[[](b)[]] [The] In
addition to other reports required under this chapter, the department of
public safety shall submit a report to the legislature [not] no
later than twenty days prior to the [commencement of the 2008 regular
session, and every session thereafter, with its] convening of each
regular session. The report shall include:
(1) Its achievements, continuing
improvements, and ongoing problems in providing the appropriate mental health
care to committed persons under its jurisdiction[.];
(2) With regard to the public safety officers under the jurisdiction of the department, within the year immediately preceding the report identify:
(A) The number of officers terminated for cause and the cause in each case;
(B) The number of officers forced to resign and the reasons therefor; and
(C) The number of officers allegedly involved with conduct punishable as a crime, including:
(i) The status of the investigation, if an officer has not been charged with a crime as of the date of the report; provided that the report shall use an identifier of "I" for under investigation and "F" for final;
(ii) If a grievance has been filed against an officer as of the date of the report, the report shall use an identifier of "P" for grievance pending; and
(iii) If any grievance has been resolved through arbitration, the summary of findings, if any, of the arbitrator; provided that the report shall use an identifier of "A" for arbitration; and
(3) For purposes of paragraph (2), information on any case involving any conduct of a sexual nature."
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.
Report Title:
Law Enforcement Officers; Grievances; Reports to Legislature; State Agencies; County Police Departments
Description:
Requires the attorney general to ensure that all state departments and agencies employing law enforcement officers report annually to the legislature on specified information concerning firings, forced resignations, alleged criminal activity, grievances, and incidents of a sexual nature. Requires the department of transportation, department of land and natural resources, department of public safety, and county police departments to submit those annual reports. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
