STAND. COM. REP. NO.619-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2818

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2818, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose of the bill is to designate the use of nonlethal firearms as not constituting deadly force.

State of Hawaii Organization of Police Officers provided testimony in support of the measure and suggested amendments. Testimony in opposition was submitted by the Office of the Public Defender, the Department of the Prosecuting Attorney for the City and County of Honolulu, and ILWU Local 142. The Honolulu Police Department provided comments.

Your Committee finds that police officers are concerned about becoming subjects of criminal investigations whenever less-than-lethal firearms are used in the course of their duties. The bill, as received, presents many problems. Recommendations from the State of Hawaii Organization of Police Officers improve upon the provisions of the measure; however, further discussion must be pursued to address valid concerns raised.

 

Your Committee amended the bill by deleting its contents and inserting provisions that:

(1) Redefine "firearm" to exclude "lesslethal firearms" used in the course of official police duty; and

(2) Define "lesslethal firearm"; and

(3) Provide an effective date of July 1, 2050.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2818, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2818, H.D. 2, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

____________________________

ERIC G. HAMAKAWA, Chair