STAND. COM. REP. NO. 1356
Honolulu, Hawaii
RE: H.B. No. 987
H.D. 1
S.D. 1
Honorable Colleen Hanabusa
President of the Senate
Twenty-Fourth State Legislature
Regular Session of 2007
State of Hawaii
Madam:
Your Committee on Judiciary and Labor, to which was referred H.B. No. 987, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO POLICE OFFICERS,"
begs leave to report as follows:
The purpose of this measure is to clarify the types of acts, for which a police officer is being prosecuted or sued, that would entitle the officer to be represented by legal counsel provided by the county.
The bill provides for three actions that would be "acts done in the performance of the officer's duty as a police officer" to qualify for legal counsel. The three actions are:
(1) Any action while in a duty status or while on duty;
(2) Any action performed while off duty and effecting an
arrest or any other police duty; and
(3) Any action performed while on special duty status.
Your Committee received testimony in support of the bill from the State Organization of Police Officers. The Corporation Counsel testified against the bill.
Your Committee amended the bill by:
1. Adding a fourth action of "under the color of law";
2. Requiring a recommendation from the corporation
counsel or county attorney within seven days of the
Police Commission's request; and
3. Changing the effective date to "upon approval" from
January 1, 2050.
As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 987, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 987, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,
|
|
|
____________________________ CLAYTON HEE, Chair |
|
|
|
|