Bill Text: HI SB2955 | 2012 | Regular Session | Introduced
Bill Title: Probation Officers; Electric Guns
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-02-16 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB2955 Detail]
Download: Hawaii-2012-SB2955-Introduced.html
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THE SENATE |
S.B. NO. |
2955 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to probation officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the job of a probation officer within the State is an essential, yet at times dangerous, occupation. Probation officers, by the very nature of their jobs, must often perform a supervisory function in an uncontrolled environment, over criminals who have been convicted of violent crimes. Probation officers also provide an important role to the Courts, as they make sentencing recommendations on behalf of these violent offenders.
While the law requires that probation officers keep informed of the conduct and condition of criminals and, while within the scope of their duties, probation officers are granted the powers of police officers, probation officers are not entrusted with any form of protection or self-defense. The State's oversight in failing to provide probation officers with an authorized method of self-defense constricts the probation officers' ability to properly and thoroughly perform their duties and unduly places probation officers in hazardous situations in the performance of their duties, and in their private lives.
It is the purpose of this Act to authorize probation officers to carry electric guns, upon completion of a State approved training regimen as currently exists for law enforcement officers, conservation and resources enforcement officers of the department of land and natural resources, and members of the army and air national guard when assisting civil authorities in specific instances.
SECTION 1. Section 134-16, Hawaii Revised Statutes, is amended to read as follows:
"§134-16 Restriction on possession, sale, gift, or delivery of electric guns. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.
(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.
(c) This section shall not apply to:
(1) Law enforcement officers of county police departments;
(2) Law enforcement officers of the department of public safety;
(3) Conservation and resources enforcement officers of the department of land and natural resources;
(4) Members of the army or air national guard when
assisting civil authorities in disaster relief, civil defense, or law enforcement
functions, subject to the requirements of section 121-34.5; [and]
(5) Probation officers, as provided in section 806.73, Hawaii Revised Statutes;
[(5)](6) Vendors providing electric
guns to the individuals described in paragraphs (1) through [(4)](5);
provided that electric guns shall at all times
remain in the custody and control of the law enforcement officers of the county
police departments, the law enforcement officers of the department of public
safety, the conservation and resources enforcement officers of the department
of land and natural resources, [or] the members of the army or air
national guard[.], or the probation officers.
(d) The county
police departments of this State, the department of public safety, the
department of land and natural resources, [and] the army and air
national guard, and the probation divisions shall maintain records
regarding every electric gun in their custody and control. The records shall
report every instance of usage of the electric guns; in particular, records
shall be maintained in a similar manner as for those of discharging of
firearms. The county police departments, the department of public safety, the
department of land and natural resources, [and] the army and air
national guard, and the probation divisions shall annually report to the
legislature regarding these records no later than twenty days before the
beginning of each regular session of the legislature.
(e) The department of land and natural resources [and],
the department of public safety, and the probation divisions shall
ensure that each of their conservation and resources enforcement officers [and],
law enforcement officers, and probation officers who is authorized to
use an electric gun and related equipment shall first receive training from the
manufacturer or from a manufacturer-approved training program, as well as by
manufacturer-certified or approved instructors in the use of electric guns
prior to deployment of the electric guns and related equipment in public.
Training for conservation and resources enforcement officers of the department
of land and natural resources [and], law enforcement officers of
the department of public safety, and probation officers may be done
concurrently to ensure cost savings.
(f) The conservation and resources enforcement program of the department of land and natural resources shall meet the law enforcement accreditation or recognition standards of the Commission on Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns prior to obtaining electric guns, related equipment, and training for the use of the electric guns.
(g) Probation officers are authorized to carry and use only those electric guns issued to them by their respective probation divisions and probation officers are authorized to carry the issued electric guns both while on duty and while off duty."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Probation officers; Electric guns
Description:
Provides that probation officers are permitted to carry electric guns for protection.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
