STAND. COM. REP. NO.  724

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 52

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 52 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL RIGHTS,"

begs leave to report as follows:

The purpose of this measure is to increase civil rights protections by making it a civil rights violation for law enforcement agents and agencies to practice biased-based policing.

The Hawaii State Commission on the Status of Women, American Civil Liberties Union of Hawaii, Community Alliance on Prisons, Domestic Violence Action Center, IMUAlliance, Hawaii State Coalition Against Domestic Violence, County of Hawaii Council Member for District 9, and one concerned individual testified in support of this measure.  The Hawaii Civil Rights Commission and Department of Public Safety provided comments on this measure.

     Your Committee has amended this measure by:

     (1)  Removing enforcement of the prohibition on biased-based policing from the jurisdiction of the Hawaii Civil Rights Commission;

     (2)  Adding new provisions prohibiting biased-based policing to the statutory chapters that regulate county police departments and the Department of Public Safety;

     (3)  Specifying that the Department of the Attorney General shall enforce the prohibition on biased-based policing pursuant to the Department's existing prosecutorial, investigatory, and public education authority; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 52, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 52, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair