THE SENATE

S.B. NO.

185

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to law enforcement.

 

 

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

 


     SECTION 1.  The legislature finds that respiratory neck restraints and vascular neck restraints, commonly referred to as chokeholds, are two types of force that are sometimes used by law enforcement officers to restrain a person.  A "chokehold" reduces or prevents either air or blood from passing through the neck of the recipient and may lead to unconsciousness or even death.  This type of force has led to the deaths of suspects around the nation.  As a result, various cities now prohibit the use of chokeholds by law enforcement officers as it is imperative that the health of a suspect is safeguarded.

     The purpose of this Act is to prohibit any employee authorized to use physical force from using a respiratory neck restraint or a vascular neck restraint as a method of force to restrain a person.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Respiratory neck restraint; vascular neck restraint; prohibition.  (a)  Any employee authorized to use physical force shall not use a respiratory neck restraint or a vascular neck restraint as a method of force to restrain a person during the exercise of the law enforcement officer's powers, privileges, and authority necessary to enforce the laws of the State.

     (b)  For purposes of this section:

     "Respiratory neck restraint" means the use of direct mechanical compression or pressure over the anterior structures, including the trachea, of a person's neck.

     "Vascular neck restraint" means the use of bilateral compression of the carotid arteries and jugular veins on the sides of a person's neck."

     SECTION 3.  Section 199-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The conservation and resources enforcement officers, with respect to all state lands, including public lands, state parks, forest reserves, forests, aquatic life and wildlife areas, Kahoolawe island reserve, and any other lands and waters within the State, shall:

     (1)  Enforce title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder;

     (2)  Investigate complaints, gather evidence, conduct investigations, and conduct field observations and inspections as required or assigned;

     (3)  Cooperate with enforcement authorities of the State, counties, and federal government in development of programs and mutual aid agreements for conservation and resources enforcement activities within the State;

     (4)  Cooperate with established search and rescue agencies of the counties and the federal government in developing plans and programs and mutual aid agreements for search and rescue activities within the State;

     (5)  Check and verify all leases, permits, and licenses issued by the department of land and natural resources;

     (6)  Enforce the laws relating to firearms, ammunition, and dangerous weapons contained in chapter 134;

     (7)  Enforce the laws in chapter 291E relating to operating a vessel on or in the waters of the State while using intoxicants;

     (8)  Whether through a specifically designated marine patrol or otherwise, enforce the rules in the areas of boating safety, conservation, and search and rescue relative to the control and management of boating facilities owned or controlled by the State, ocean waters, and navigable streams and any activities thereon or therein, and beaches encumbered with easements in favor of the public, and the rules regulating vessels and their use in the waters of the State; and

     (9)  Carry out other duties and responsibilities as the board of land and natural resources from time to time may direct[.];

provided that conservation and resources enforcement officers shall not use a respiratory neck restraint or a vascular neck restraint, as defined in section 52D-  , as a method of force to restrain a person during the exercise of their powers, privileges, and authority."

     SECTION 4.  Section 266-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The director of transportation shall enforce this chapter and all rules thereunder, except for the rules relative to the control and management of the beaches encumbered with easements in favor of the public and ocean waters which shall be enforced by the department of land and natural resources.  For the purpose of the enforcement of this chapter and of all rules adopted pursuant to this chapter, the powers of police officers are conferred upon the director of transportation and any officer, employee, or representative of the department of transportation.  Without limiting the generality of the foregoing, the director and any person appointed by the director hereunder may serve and execute warrants, arrest offenders, and serve notices and orders.  The director of transportation and any employee, agent, or representative of the department of transportation appointed as enforcement officers by the director, and every state and county officer charged with the enforcement of any law, statute, rule, regulation, ordinance, or order, shall enforce and assist in the enforcement of this chapter and of all rules and orders issued pursuant thereto, and in carrying out the responsibilities hereunder, each shall be specifically authorized to:

     (1)  Conduct any enforcement action hereunder in any commercial harbor area and any area over which the department of transportation and the director of transportation has jurisdiction under this chapter;

     (2)  Inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where harbors or harbor facilities are situated, or where harbor-related activities are operated or conducted; and

     (3)  Subject to limitations as may be imposed by the director of transportation, serve and execute warrants, arrest offenders, and serve notices and orders[.];

provided that the director of transportation and any employee, agent, or representative of the department of transportation appointed as an enforcement officer by the director shall not use a respiratory neck restraint or a vascular neck restraint, as defined in section 52D-  , as a method of force to restrain a person during the exercise of their powers, privileges, and authority.

     For purposes of this subsection, the term "agents and representatives" includes persons performing services at harbors or harbor areas under contract with the department of transportation."

     SECTION 5.  Section 353C-4, Hawaii Revised Statutes, is amended to read as follows:

     "§353C-4  Appointment of employees with police powers and other employees.  (a)  The director may appoint employees to be public safety officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.

     (b)  The director may appoint other personnel necessary to carry out the functions of the department.

     (c)  The state law enforcement officers transferred from the department of the attorney general by Act 211, Session Laws of Hawaii 1989, shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties.  The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department.  State law enforcement officers shall have all of the powers of police officers, including the power of arrest.

     (d)  Public safety officers and state law enforcement officers shall not use a respiratory neck restraint or vascular neck restraint, as defined in section 52D-  , as a method of force to restrain a person during the exercise of their powers, privileges, and authority."

     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.

 

INTRODUCED BY:

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Report Title:

Law Enforcement; Law Enforcement Agencies; Use of Force; Respiratory Neck Restraint; Vascular Neck Restraint; Prohibition

 

Description:

Prohibits any state and county law enforcement agency employee from using a respiratory neck restraint or a vascular neck restraint as a method of force to restrain a person; and defines respiratory neck restraint and vascular neck restraint.

 

 

 

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