THE SENATE

S.B. NO.

2383

THIRTIETH LEGISLATURE, 2020

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LESS THAN LETHAL FORCE.

 

 

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

 


SECTION 1. The legislature finds that public safety officers, including state deputy sheriffs, provide invaluable societal contributions by risking their lives each day in service to Hawaii's residents. The legislature also finds that public safety officers are in a position of public trust as the guardians and protectors of the State's communities. This role requires extending respect and compassion to the people of the State, while also holding individuals accountable for criminal conduct.

The legislature further finds that since 2015, the number of fatal shootings in Hawaii by law enforcement officers has more than doubled and that it has risen from being less than one per cent of the national total to being two per cent in 2019. The State ranked forty-fourth among states in 2015 in the number of fatal law enforcement officer shootings, but has climbed to ranking thirty-second in 2019. The legislature notes that the majority of these cases involved people who were not armed with a gun.

The purpose of this Act is to support the role of public safety officers by:

(1) Requiring the department of public safety to review its policies and procedures governing the use of force, weapons, and equipment;

(2) Requiring the law enforcement standards board to review the department's use of force training; and

(3) Appropriating funds for training, equipment, and related records management for the department.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"353C-    Use of force policies, procedures, and training. (a) The department shall review and update, at least annually, its policies and procedures governing the use of force, weapons, and equipment.

(b) The department shall equip each law enforcement officer with less-than-lethal weapons and shall provide and require adequate applicable annual training.

(c) The department's use of force training shall be reviewed by the law enforcement standards board established under section 139-2 and shall include use of force decision- making, crisis intervention, de-escalation techniques, and less- than-lethal alternatives.

(d) The deputy director of the department's law enforcement division shall be included and certified in all weapons training."

SECTION 3. The department of public safety shall report its progress regarding compliance with the requirements of section 353C-   (a), Hawaii Revised Statutes, to the legislature by November 1, 2021.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2020-2021 for the development and implementation of less-than-lethal use of force training and related records management for the deputy sheriffs of the department of public safety.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the purchase and maintenance of less-than-lethal equipment, including weapons, for use by the deputy sheriffs of the department of public safety certified in the less-than-lethal use of force.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Department of Public Safety; Use of Less-Than-Lethal Force; Policies; Training; Appropriation

 

Description:

Requires the Department of Public Safety to review its policies and procedures governing the use of force, weapons, and equipment. Requires the Law Enforcement Standards Board to review the Department's use of force training. Appropriates funds for training, equipment, and related records management for the Department. Effective 7/1/2050. (SD1)

 

 

 

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