THE SENATE	S.B. NO.	2144
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 52D-15, Hawaii Revised Statutes, is amended to read as follows:

"[[]§52D-15[]]  Off-duty police officers[;] and law enforcement officers; benefits for personal injuries. (a)  For the purposes of chapters 88 and 386[, a]:

(1) An off-duty police officer or an off-duty law enforcement officer who is injured, disabled, or killed while actually engaged in the apprehension or attempted apprehension of law violators or suspected law violators, or in the preservation of peace, or in the protection of the rights or property of persons shall be deemed to have been injured, disabled, or killed while in the actual performance of duty[,]; and [the]

(2) The injury, disability, or death of an off-duty law police officer or off-duty law enforcement officer shall be deemed to have been caused by accident arising out of and in the course of the police officer's or law enforcement officer's employment, notwithstanding that the accident causing the injury, disability, or death occurred at a time, place, or time and place, not within the police officer's or law enforcement officer's regular tour of duty and notwithstanding that the police officer or law enforcement officer was not acting under the direction of the police officer's or law enforcement officer's superiors, as applicable, at the time and place of the accident; provided that the accident occurs within the jurisdiction wherein the police officer is commissioned or law enforcement officer is appointed and while the police officer or law enforcement officer is acting solely as a police officer[.] or law enforcement officer;

provided that, paragraphs (1) and (2) shall apply when law enforcement action is taken, whether or not the law enforcement action takes place in a jurisdiction inside or outside this State.

(b)  For purposes of this section, the term "law enforcement officer" refers to public safety officers appointed and state law enforcement officers referenced under section 353C-4."

     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  Statutory material to be repealed is bracketed and stricken.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:

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Report Title:

Off-Duty Police Officers; Law Enforcement Officers; Benefits

Description:

Extends the same retirement and workers' compensation benefits of police officers to law enforcement officers for personal injuries incurred while off-duty and actually engaged in the apprehension or attempted apprehension of law violators or suspected law violators, the preservation of peace, or the protection of the rights or property of persons regardless of whether the law enforcement action takes place in a jurisdiction inside or outside of this State.

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