HB1917.DOC

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 31 to be appropriately designated and to read as follows:

"Chapter

law enforcement agencies domestic violence policy

§ -1 Definitions. As used in this chapter:

"Agency" means any county police department, the department of public safety, or any state or county public body that employs law enforcement officers.

"Dating relationship" means a romantic, courtship, or engagement relationship, often but not necessarily characterized by actions of an intimate or sexual nature, but does not include a casual acquaintanceship or ordinary fraternization between persons in a business or social context.

"Domestic violence" means:

(1) Physical harm, bodily injury, or assault, or the threat of imminent physical harm, bodily injury, or assault, extreme psychological abuse, or malicious property damage between family or household members; or

(2) Any act which would constitute an offense under section 709-906, or under part V or VI of chapter 707 committed against a minor family or household member by an adult family or household member.

"Extreme psychological abuse" means an intentional or knowing course of conduct directed at an individual that seriously alarms or disturbs consistently or continually bothers the individual, and that serves no legitimate purpose; provided that such course of conduct would cause a reasonable person to suffer extreme emotional distress.

"Family or household member" means spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, persons jointly residing or formerly residing in the same dwelling unit, and persons who have or have had a dating relationship.

"Law enforcement officer" means a sheriff, deputy sheriff, police officer, parole officer, or probation officer.

"Malicious property damage" means intentional or knowing damage to the property of another, without consent, with an intent to thereby cause emotional distress.

§ -2 Domestic violence policy; adoption; implementation. (a) By January 1, 2013, every agency shall adopt and implement a written policy on domestic violence committed or allegedly committed by law enforcement officers of the agency that meets the minimum standards specified in this section. In developing its policy, each agency shall consult public and private non-profit domestic violence advocates and any other organizations and professions the agency finds appropriate.

(b) The policy shall provide due process for law enforcement officers and, at a minimum, shall provide:

(1) Prehire screening procedures reasonably calculated to disclose whether an applicant for a law enforcement officer position:

(A) Has committed or, based on credible sources, has been accused of committing an act of domestic violence; or

(B) Is currently or has previously been subject to any order under chapter 586;

(2) For mandatory and immediate response to acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

(3) To a law enforcement officer, upon the request of the law enforcement officer or when the law enforcement officer has been alleged to have committed an act of domestic violence, information on domestic violence prevention programs;

(4) For mandatory and immediate reporting by agency employees when an employee becomes aware of an allegation of domestic violence committed or allegedly committed by a law enforcement officer of the agency employing the law enforcement officer;

(5) Procedures to address reporting by an agency employee who is the victim of domestic violence committed or allegedly committed by a law enforcement officer;

(6) For mandatory and immediate self-reporting by a law enforcement officer to the officer's employing agency when the agency has responded to a domestic violence call in which the law enforcement officer committed or allegedly committed an act of domestic violence;

(7) For mandatory and immediate self-reporting by a law enforcement officer to the officer's employing agency if the officer is currently or has previously been subject to any order under chapter 586;

(8) For the initiation of prompt separate and impartial administrative and criminal investigations of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

(9) For appropriate action to be taken during an administrative or criminal investigation of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer. The policy shall provide procedures to determine, in a manner consistent with applicable law and the agency's ability to maintain public safety, whether to relieve the law enforcement officer of agency-issued weapons and other agency-issued property and whether to suspend the law enforcement officer's power of arrest or other police powers pending resolution of any investigation;

(10) For prompt and appropriate discipline or sanctions when, after an agency investigation, it is determined that a law enforcement officer has committed an act of domestic violence;

(11) That when there has been an allegation of domestic violence committed or allegedly committed by a law enforcement officer, the agency shall immediately make available to the alleged victim the following information:

(A) The agency's written policy on domestic violence committed or allegedly committed by a law enforcement officer;

(B) Information, including but not limited to contact information, about public and private non-profit domestic violence advocates and services; and

(12) Procedures for the timely response to an alleged victim's inquiries into the status of the administrative investigation and the procedures the agency will follow in an investigation of domestic violence committed or allegedly committed by a law enforcement officer;

(13) Procedures requiring an agency to immediately notify the employing agency of a law enforcement officer when the notifying agency becomes aware of acts or allegations of domestic violence committed or allegedly committed by the law enforcement officer; and

(14) Procedures for agencies to access and share domestic violence training.

§ -3 Training. (a) No later than January 1, 2013, every law enforcement officer hired by an agency before July 1, 2012, shall be trained by the agency on the agency's policy required under this section.

(b) Law enforcement officers hired by an agency on or after July 1, 2012, shall, within six months of beginning employment, be trained by the agency on the agency's policy required under this section.

§ -4 Reporting. No later than twenty days prior to the convening of each regular session beginning with the regular session of 2014, every agency shall submit to the legislature and governor a copy of its policy developed under this section, any revisions to the policy, and a statement as to whether the agency has complied with the training required under this section. The copy, revisions, and statement may be provided in electronic format."

SECTION 2. 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 2012-2013 to assist the counties in implementing section 1 of this Act. The specific appropriations to the police department of each county are as follows:

(1) City and county of Honolulu $

(2) Hawaii county $

(3) Maui county $

(4) Kauai county $

SECTION 3. The sums appropriated shall constitute the State's share of the cost of the mandated law enforcement agency domestic violence policy program under section 1 of this Act, as required by article VIII, section 5 of the Hawaii State Constitution.

SECTION 4. The sum appropriated to each county policy department shall be expended by the county police department for the purposes of this Act.
SECTION 5. This Act shall take effect on July 1, 2012.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1917
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII