Bill Text: HI SB372 | 2023 | Regular Session | Amended
Bill Title: Relating To Government Services Relating To The Law.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2023-06-05 - Act 055, 06/05/2023 (Gov. Msg. No. 1155). [SB372 Detail]
Download: Hawaii-2023-SB372-Amended.html
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THE SENATE |
S.B. NO. |
372 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT SERVICES RELATING TO THE LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to require greater accountability and transparency in the government's provision of law enforcement services by:
(1) Providing that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using unnecessary or excessive force on an arrestee;
(2) Requiring the intervening law enforcement officer to report the incident to the other law enforcement officer's supervisor; and
(3) Requiring relevant departments to submit an annual report to the legislature.
SECTION 2. Section 803-7, Hawaii Revised Statutes, is amended to read as follows:
"§803-7 Use of force[.];
duty to report excessive force. (a) In all cases where the person arrested
refuses to submit or attempts to escape, [such] a degree of force
may be used by a law enforcement officer as is necessary to compel the
person to submission.
(1) Immediately
intervene to prevent the use of unnecessary or excessive force by the law
enforcement officer; provided that the intervention can be safely accomplished;
and
(2) Report
the incident to the law enforcement officer's supervisor as soon as
practicable.
(c) Each county police department chief and
relevant department director shall submit to the legislature, no later than
January 31 of each year, an annual report of incidents reported pursuant to
subsection (b). 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.
The annual report shall:
(1) Summarize the facts and the nature
of each reported incident; and
(2) Specify the disciplinary action, if
any, that was imposed in connection with a reported incident.
(d) As used in this section, "law
enforcement officer" means any public servant, whether employed by the
State or county, vested by law with a duty to maintain public order or, to make
arrests for offenses or to enforce the criminal laws, whether that duty extends
to all offenses or is limited to a specific class of offenses."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2050.
Report Title:
Law Enforcement Officers; Arrests; Excessive Force; Duty to Intervene
Description:
Provides that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using unnecessary or excessive force on an arrestee. Requires the law enforcement officer to report the incident to the fellow law enforcement officer's supervisor. Requires relevant departments to submit annual reports to the Legislature. Takes effect 1/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
