STAND. COM. REP. NO.  795

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 987

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 987 entitled:

"A BILL FOR AN ACT RELATING TO POLICE OFFICERS,"

begs leave to report as follows:

     The purpose of this bill is to clarify the type of acts, for which a police officer is being prosecuted or sued, that entitles the police officer to be represented by legal counsel provided by the county.  This bill defines "acts done in the performance of the officer's duty as a police officer" to include, among other things, "any action while in a duty status or while the police officer is on duty."

     The State of Hawaii Organization of Police Officers testified in support of this bill.  The Department of the Corporation Counsel of the City and County of Honolulu and the Office of the Corporation Counsel of the County of Hawaii opposed this measure.

     This bill has been amended by:

     (1)  Specifying that the actions performed by the police officer must be in the course and scope of official duties;

     (2)  Changing the effective date to January 1, 2050, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     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 H.B. No. 987, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 987, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair