Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 2438 entitled:

begs leave to report as follows:

The purpose of this bill is to justify a law enforcement officer's use of deadly force while engaged in a civil defense function triggered in response to a potential or actual terrorist threat or act.

Specifically, this measure justifies the use of such deadly force by law enforcement officers when necessary to protect human lives or vital facilities, critical infrastructure, or related public properties.

Testimony in support of this measure was received from the Department of Defense, the Department of Public Safety, and the Honolulu Police Department.

Your Committee finds that under the present law, law enforcement agencies are concerned over potential liabilities of their officers when responding to or preparing against a terrorist threat or attack. Evidently, the increased demands placed on law enforcement officers to protect vital facilities or critical infrastructure from a potential or actual terrorist threat or act, have increased the officers' risks of causing harm to others while engaged in those activities. However, the protections accorded to these officers have not been increased correspondingly. This measure will provide law enforcement officers the same degree of protection currently accorded to members of the National Guard and other active military personnel when engaged in civil defense functions.

Your Committee believes that this measure is necessary to provide protection from criminal immunity in limited circumstances for law enforcement officers engaged in civil defense functions.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2438 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.