Bill Text: HI SB2947 | 2018 | Regular Session | Amended

---

Bill Title: Relating To Public Safety.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2947 Detail]

Download: Hawaii-2018-SB2947-Amended.html

---

THE SENATE	S.B. NO.	2947
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to:

     (1)  Require the chief of each county police department, the director of public safety, the chairperson of the board of land and natural resources, and the director of transportation to disclose to the legislature the identity of a police officer upon the officer's second suspension in a five-year period or discharge; and

     (2)  Require disclosure under the Uniform Information Practices Act of certain information, including the identity of a county police officer, after an officer's second suspension in a five-year period.

     SECTION 2.  Chapter 27, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part  .  REPORTS ON STATE LAW ENFORCEMENT MISCONDUCT

     §27-  Reports.  (a)  The chairperson of the board of land and natural resources, director of public safety, and director of transportation shall each submit to the legislature no later than January 31 of each year an annual report of misconduct incidents that resulted in suspension or discharge of a law enforcement officer in their respective departments.  The reporting period of each report shall be from January 1 to December 31 of the year immediately prior to the year of the report submission.

     (b)  Each 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 law enforcement officer;

     (4)  State whether the highest nonjudicial grievance adjustment procedure timely invoked by the law enforcement officer or the law enforcement officer's representative has concluded and:

          (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 department of land and natural resources, department of public safety, or department of transportation findings of fact and conclusions of law concerning the criminal conduct; and

             (ii)  Whether the department of land and natural resources, department of public safety, or department of transportation notified the requisite 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; and

     (5)  Disclose the identity of the law enforcement officer upon the law enforcement officer's second suspension in a five-year period or discharge.

     (c)  Each report shall tabulate the number of law enforcement officers suspended and discharged under the following categories, or similar category as to be determined by the chairperson of the board of land and natural resources, director of public safety, or director of transportation, respectively:

     (1)  Malicious use of physical force;

     (2)  Mistreatment of prisoners;

     (3)  Use of drugs and narcotics; and

     (4)  Cowardice.

     (d)  The summary of facts provided in accordance with subsection (b)(1) shall not be of such a nature so as to disclose the identity of the individuals involved, except as required under subsection (b)(5).

     (e)  For any misconduct incident reported pursuant to this section and subject to subsection (b)(4)(B), the chairperson of the board of land and natural resources, director of public safety, and director of transportation shall each provide updated information in each successive annual report, until the highest nonjudicial grievance adjustment procedure timely invoked by the law enforcement officer has concluded.  In each successive annual report, the updated information shall reference where the incident appeared in the prior annual report.  For any incident resolved without disciplinary action after the conclusion of the nonjudicial grievance adjustment procedure, the chairperson of the board of land and natural resources, director of public safety, or director of transportation shall each summarize the basis for not imposing disciplinary action.

     (f)  For each misconduct incident reported in an annual report, the chairperson of the board of land and natural resources, director of public safety, or director of transportation shall each retain the disciplinary records in accordance with the department's record retention policy or for at least eighteen months after the final annual report concerning that incident, whichever period is longer."

     SECTION 3.  Section 52D-3.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(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[.]; and

     (5)  Disclose the identity of the police officer upon the police officer's second suspension in a five-year period or discharge."

     2.  By amending subsection (d) to read:

     "(d)  The summary of facts provided in accordance with subsection (b)(1) shall not be of such a nature so as to disclose the identity of the individuals involved[.], except as required under subsection (b)(5)."

     SECTION 4.  Section 92F-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The following are examples of information in which the individual has a significant privacy interest:

     (1)  Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility;

     (2)  Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;

     (3)  Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;

     (4)  Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:

          (A)  Information disclosed under section 92F-12(a)(14); and

          (B)  The following information related to employment misconduct that results in an employee's suspension or discharge:

              (i)  The name of the employee;

             (ii)  The nature of the employment related misconduct;

            (iii)  The agency's summary of the allegations of misconduct;

             (iv)  Findings of fact and conclusions of law; and

              (v)  The disciplinary action taken by the agency;

          when the following has occurred:  the highest nonjudicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision or, for decisions involving county police department officers, ninety days have elapsed following the issuance of the decision; provided that subparagraph (B) shall not apply to a county police department officer except in a case which results in the discharge or the second suspension in a five-year period of the officer;

     (5)  Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;

     (6)  Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;

     (7)  Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:

          (A)  The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline;

          (B)  Information on the current place of employment and required insurance coverages of licensees; and

          (C)  The record of complaints including all dispositions;

     (8)  Information comprising a personal recommendation or evaluation;

     (9)  Social security numbers; and

    (10)  Information that if disclosed would create a substantial and demonstrable risk of physical harm to an individual."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Public Records; Disclosure; Disciplinary Action

 

Description:

Requires county police departments, the department of public safety, department of land and natural resources, and department of transportation to disclose to the legislature the identity of an officer upon the officer's 2nd suspension in a 5-year period or discharge.  Requires disclosure under the Uniform Information Practices Act after a police officer's 2nd suspension in a 5-year period.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.