THE SENATE

S.B. NO.

2955

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROBATION OFFICERS.

 

 

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

 

     SECTION 1.  The legislature finds that the job of a probation officer within the State is an essential, yet at times dangerous, occupation.  Probation officers, by the very nature of their jobs, must often perform a supervisory function in an uncontrolled environment over criminals who have been convicted of violent crimes.  Probation officers also provide an important role to the courts, as they make sentencing recommendations on behalf of these violent offenders. 

While the law requires that probation officers keep informed of the conduct and condition of criminals and, while within the scope of their duties, probation officers are granted the powers of police officers, probation officers are not entrusted with any form of protection or self-defense.  The State's failure to provide probation officers with an authorized method of self-defense constricts the probation officers' ability to properly and thoroughly perform their duties and unduly places probation officers in hazardous situations in the performance of their duties and in their private lives.  

     The purpose of this Act is to authorize probation officers to carry electric guns, upon completion of a state-approved training regimen, as this authorization currently exists for law enforcement officers, conservation and resources enforcement officers of the department of land and natural resources, and members of the army and air national guard when assisting civil authorities in specific instances.

SECTION 2.  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:

     (1)  Law enforcement officers of county police departments;

     (2)  Law enforcement officers of the department of public safety;

     (3)  Conservation and resources enforcement officers of the department of land and natural resources;

     (4)  Members of the army or air national guard when assisting civil authorities in disaster relief, civil defense, or law enforcement functions, subject to the requirements of section 121-34.5; [and]

     (5)  Probation officers, in performance of their duties under section 806-73; and

    [(5)] (6)  Vendors providing electric guns to the individuals described in paragraphs (1) through [(4);] (5);

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, the conservation and resources enforcement officers of the department of land and natural resources, [or] the members of the army or air national guard[.], or the probation officers.

     (d)  The county police departments of this State, the department of public safety, the department of land and natural resources, [and] the army and air national guard, and the probation division of the courts shall maintain records regarding every electric gun in their custody and control.  The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms.  The county police departments, the department of public safety, the department of land and natural resources, [and] the army and air national guard, and the probation division of the courts 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 probation division of the courts shall ensure that each of their conservation and resources enforcement officers [and], law enforcement officers, and probation officers 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 probation officers 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)  Probation officers are authorized to carry and use only those electric guns issued to them by the probation division of the courts, and probation officers are authorized to carry the issued electric guns while on duty and while off duty."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 4.  This Act shall take effect upon its approval.

 

 

Report Title:

Probation Officers; Electric Guns

 

Description:

Authorizes probation officers to carry and use electric guns under certain conditions.  (SD1)

 

 

 

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