STAND. COM. REP. NO.  269-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3016

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 3016 entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

begs leave to report as follows:

     The purpose of this bill is to ensure the safety of law enforcement officers of the Department of Land and Natural Resources (DLNR) Division of Conservation and Resources Enforcement (DOCARE) by:

(1)  Establishing a two-year pilot project allowing DOCARE officers to carry and use electric or "taser" guns in the performance of their duties in the counties of Hawaii and Maui; and

(2)  Appropriating funds for the purchase of equipment and training.

     The Nature Conservancy and many concerned individuals testified in support of this bill.  A concerned individual opposed this measure.  DLNR and a concerned individual provided comments. 

     Your Committee finds that electric or "taser" guns are useful, safe, and non-lethal alternatives to conventional guns when law enforcement officers are confronted with combative suspects in isolated or remote areas.  However, the establishment of program accreditation is essential for the safe and proper use of "taser" guns.  Accordingly, your Committee has amended this bill by requiring the accreditation or recognition of the DOCARE program on the use of "taser" guns by a nationally recognized law enforcement accreditation or credentialing program prior to the purchase and use of the "taser" guns, and providing that the funds appropriated by the bill also be used for this accreditation or recognition.

     Additionally, your Committee believes that the use of "taser" guns in rural areas on the islands of Kauai and Oahu is warranted.  Therefore, this bill has also been amended by authorizing the statewide use of "taser" guns by DOCARE officers.

     Further, this bill has been amended by:

(1)  Authorizing the use of electric guns on a permanent, not temporary basis; provided that DOCARE receives the necessary accreditation or recognition by June 30, 2010; and

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

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3016, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3016, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair