Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Labor and Tourism and Intergovernmental Affairs, to which was referred S.B. No. 848 entitled:

beg leave to report as follows:

The purpose of this measure is to establish a law enforcement officers' bill of rights.

Testimony in support of the measure was received from the State of Hawaii Organization of Police Officers and a retired police officer. The Department of Human Resources Development, the Department of Public Safety, and the Honolulu Police Department submitted testimony in opposition to the measure.

Your Committees find that this measure establishes procedures for the investigation, interrogation, and discipline of law enforcement officers. The measure also establishes a standard grievance procedure for law enforcement officers.

Your Committees also find that historically, law enforcement officers have not been afforded the full complement of constitutional and other protections provided to members of society.

The unique nature of the responsibilities associated with being a law enforcement officer, combined with the legitimate needs of a law enforcement agency to maintain an efficient and effective organization, require that law enforcement officers be afforded certain substantive, procedural, and remedial protections not afforded to members of society generally.

Specifically, law enforcement officers have not had their Fifth Amendment rights...the right not to testify against themselves...guaranteed when facing disciplinary or criminal charges against them. In certain cases, if an officer fails to waive the officer's Fifth Amendment rights, the officer could face immediate dismissal without due process.

Your Committees believe that law enforcement officers should be provided with the same complement of constitutional rights as any other citizen of this State.

Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and style.

As affirmed by the records of votes of the members of your Committees on Labor and Tourism and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 848, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 848, S.D. 1, and be referred to the Committee on Judiciary.