STAND. COM. REP. NO. 3093

Honolulu, Hawaii

RE:    H.B. No. 3016

       H.D. 3

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Public Safety and Water and Land, to which was referred H.B. No. 3016, H.D. 3, entitled:

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

beg leave to report as follows:

     The purpose of this measure is to assist and protect law enforcement officers of the Department of Land and Natural Resources Division of Conservation and Resources Enforcement Program in carrying out their duties.

     Specifically, this measure authorizes, upon proper accreditation or credentialing, Division of Conservation and Resources Enforcement officers to carry and use electric guns while on duty and to appropriate funds to the Department of Land and Natural Resources to establish an accreditation or credentialing program, purchase the electric guns and related equipment, and to train the law enforcement officers.

     Testimony in support of this measure was submitted by Department of Land and Natural Resources, Hawaii Government Employees Association, The Nature Conservancy, the Hawaii Rifle Association, and five individual citizens.  Testimony in opposition of this measure was submitted by one individual citizen.  Comments on this measure were submitted by the Department of Public Safety (PSD).

     Your Committees find that providing a means for the law enforcement officers to successfully perform their job responsibilities is very important to protecting citizens of Hawaii and our natural resources.  Providing the law enforcement officers with electric guns, rather than weapons with lethal force, enables the officers to do their jobs in a safe work environment.

The PSD has informed your Committees that while the measure allows the law enforcement officers in the Sheriff Division of the PSD to carry and use electric guns, it fails to allow investigators of the Narcotics Enforcement Division of the PSD to carry and use electric guns.  The PSD suggests that both of its law enforcement divisions require the use of electric guns.

     Accordingly, your Committees have amended this measure by allowing enforcement officers of the PSD, including investigators of the Narcotics Enforcement Division as well as law enforcement officers of the Sheriff Division, to carry and use electric guns.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 3016, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 3016, H.D. 3, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Water and Land,

____________________________ CLAYTON HEE, Chair

____________________________ WILL ESPERO, Chair