Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 848, S.D. 1, entitled:

begs leave to report as follows:

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

Your Committee received testimony in support of this measure from the State of Hawaii Organization of Police Officers and two private citizens. Testimony in opposition was received from the Department of Public Safety, Department of Human Resources Development, Honolulu Police Department, Honolulu Human Resources Department, and Hawaii Police Department.

This measure establishes procedures for the investigation, interrogation, and discipline of law enforcement officers, and a standard grievance procedure for law enforcement officers.

Your Committee finds 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.

Your Committee believes that law enforcement officers should be provided with the same complement of constitutional rights as any other citizen of this State. Your Committee is cognizant that police officers should be held to a higher standard of conduct. However, that higher standard should not be at cost of the surrendering basic constitutional rights.

Your Committee has amended this measure by deleting reference to a law enforcement agency granting immunity, because immunity can be granted only by the prosecutor or by a court, and made technical amendments accordingly.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 848, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 848, S.D. 2.