Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 73, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to provide civil and criminal liability immunity to law enforcement officers while they are engaged in civil defense functions.

Testimony in support of this measure was received from the Department of Public Safety, the State Department of Defense, the Department of the Prosecuting Attorney, the Honolulu Police Department, and the State of Hawaii Organization of Police Officers.

Your Committee finds that immunity from liability currently exists for the Hawaii National Guard, full-time active duty military, and members of National Guard units from other states who may be assigned to assist the State in civil defense functions. Your Committee further finds that law enforcement officers also respond to civil defense situations, and have been involved in coordinating preparations for protection, response, and development of the Hawaii Homeland Security Advisory System. Because law enforcement officers' duties during civil emergencies are comparable to that of other organizations such as the militia or National Guard, your Committee agrees that law enforcement officers should receive the same immunity from liability while engaged in civil defense functions that are enjoyed by other civil defense organizations.

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. 73, S.D. 1, and recommends that it pass Third Reading.