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HOUSE OF REPRESENTATIVES |
H.B. NO. |
551 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ELECTRIC GUNS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 134-16, Hawaii Revised Statutes, is amended to read as follows:
"§134-16 Restriction on possession, sale, gift, or delivery of electric guns. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.
(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.
(c) This
section shall not apply to law enforcement officers of county police
departments, law enforcement officers of the department of public safety, [and]
conservation and resources enforcement officers of the department of land and
natural resources, and county liquor authority investigators in counties
having a population of five hundred thousand or less, or vendors providing
electric guns to those entities; provided that electric guns shall at all times
remain in the custody and control of the law enforcement officers of the county
police departments, the law enforcement officers of the department of public
safety, [or] the conservation and resources enforcement officers of the
department of land and natural resources[.], and the county liquor
authority investigators.
(d) The county
police departments [of this State], the department of public safety, [and]
the department of land and natural resources, and the county liquor
authorities shall maintain written and video records [regarding]
for every electric gun in their custody and control. The records shall [report
every instance of usage of the electric guns; in particular, records] consist
of a written report and video record of every instance in which an electric gun
is used and shall be maintained in a similar manner as for those [of]
for the discharging of firearms. The county police departments, the
department of public safety, [and] the department of land and natural
resources, and the county liquor authorities shall annually report to
the legislature regarding these records no later than twenty days before the
beginning of each regular session of the legislature.
(e) The department of land and natural resources [and],
the department of public safety, and the county liquor authorities shall
ensure that each of their respective conservation and resources enforcement
officers [and], law enforcement officers, and investigators
[who is] authorized to use an electric gun and related equipment shall
first receive training from the manufacturer or from a manufacturer-approved
training program, as well as by manufacturer-certified or approved instructors
in the use of electric guns prior to deployment of the electric guns and
related equipment in public. Training for conservation and resources
enforcement officers of the department of land and natural resources [and],
law enforcement officers of the department of public safety, and county
liquor authority investigators may be done concurrently to ensure cost
savings.
(f) The conservation and resources enforcement program of the department of land and natural resources shall meet the law enforcement accreditation or recognition standards of the Commission on Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns prior to obtaining electric guns, related equipment, and training for the use of the electric guns.
(g) The county liquor authority shall authorize the purchase or acquisition of electric guns that are equipped with video recording capabilities that are designed to automatically record and document each use of the electric gun.
(h) County liquor authority investigators shall be authorized to carry and use only those electric guns issued to them by their respective county liquor control authority while on authorized duty.
(i) For the purposes of this section:
"County liquor authority" means the county liquor commissions or liquor control adjudication boards established pursuant to part II of chapter 281.
"County liquor authority investigator" or "investigator" means any investigator employed by a county liquor authority under section 281-17(a)(5)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 7, 2059.
Report Title:
Electric guns; Restrictions; County liquor authority investigators
Description:
Permits county liquor authority investigators to possess electric guns. Establishes safety measures that must be observed by county liquor authorities and internal reporting measures. Requires an annual report to the legislature. Effective January 7, 2059. (HB551 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.