HB551.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	551
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

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, 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 records regarding every electric gun in their respective custody and control. The records shall report every instance [~~of usage of the~~] in which an electric [~~guns; in particular, records~~] 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) 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 upon its approval.

INTRODUCED BY:	_____________________________