Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2913 entitled:

begs leave to report as follows:

The purpose of this measure is to authorize the use of deadly force by law enforcement officers engaged in civil defense functions in protection of terrorist threats or acts.

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

State and county law enforcement officers currently engage in civil defense functions involving the protection of assets and facilities that are vital to public welfare and national security. Your Committee heard testimony that there are concerns about potential liabilities that could prevent these officers from participating as completely and efficiently as possible.

This measure provides necessary protections to law enforcement officers when engaged in civil defense functions, which is common after the events of September 11, 2001. This is a new role for law enforcement officers, who now find themselves seeking out terrorists and placing themselves in harm's way to protect potential targets of known or unknown assailants. In some cases, the use of deadly force becomes necessary which could be a criminal offense. This measure relieves the doubt about criminal culpability in favor of the law enforcement office under specified conditions.

Your Committee has amended his measure by making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2913, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2913, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.