HB3016 SD2

Report Title:

DOCARE Officers; Electric Guns; Tasers

Description:

Authorizes, upon completion of proficiency training in a certified training program, the department of land and natural resources' division of conservation and resources enforcement officers to use electric guns while performing their duties. Authorizes law enforcement officers of the department of public safety, including narcotics enforcement investigators and sheriffs, to use electric guns while performing their duties. (HB3016 SD2)

SECTION 1. Section 134-16, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) This section shall not apply to law enforcement officers of county police [~~and sheriff departments of this State,~~] departments and the department of public safety, including narcotics enforcement investigators and law enforcement officers in the sheriff's division, and enforcement officers of the conservation and resources enforcement program under chapter 199, or vendors providing electric guns to those entities; provided that electric guns shall at all times remain in the custody and control of the county police [~~or sheriff~~] departments[.], the department of public safety, or the conservation and resources enforcement program of the department of land and natural resources.

(d) The county police [~~and sheriff~~] departments [of this State], the department of public safety, and the conservation and resources enforcement program of the department of land and natural resources shall maintain records regarding every electric gun in their custody and control. [~~Such~~] The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms. The county police [~~and sheriff~~] departments, the department of public safety, and the conservation and resources enforcement program of the department of land and natural resources shall annually report to the legislature regarding these records twenty days before the beginning of each session."

SECTION 2. Prior to purchasing electric guns and related equipment, the department of land and natural resources shall obtain proficiency training in the use, handling, and storage of electric guns for conservation and resources enforcement officers from a certified trainer or training program used or offered by the county police departments for this purpose.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for:

(1) Proficiency training for conservation and resources enforcement officers in the use, handling, and storage of electric guns by a certified trainer or training program used or offered by the county police departments for this purpose; and

(2) The purchase of electric guns and related equipment.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2020; provided that:

(1) Section 1 shall not take effect until the department of land and natural resources obtains proficiency training in the use, handling, and storage of electric guns for conservation and resources enforcement officers from a certified trainer or training program used or offered by the county police departments for this purpose; and

(2) This Act shall be repealed on June 30, 2010, and section 134-16, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act, if the conservation and resources enforcement program of the department of land and natural resources does not obtain the required training by that date.

HOUSE OF REPRESENTATIVES	H.B. NO.	3016
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 3
STATE OF HAWAII		S.D. 2