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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1626 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRIVATE DETECTIVE AND PRIVATE GUARD IDENTIFICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that within the State some private security guards may refer to or label themselves as police officers or law enforcement officers despite the fact that these individuals are not public servants vested by law and do not represent county, state, or federal law enforcement organizations. The legislature notes that private detectives and private guards are not permitted to imply any association with a government agency.
Additionally, the legislature finds that agents and representatives contracted out by the department of transportation have powers of police officers conferred upon them.
Accordingly, the purpose of this Act is to remove the department of transportation's authority to confer police powers to persons performing services at airports under contract with the department and to clarify that private detectives and private guards are prohibited from self-identifying as a law enforcement officer, police, or police officer.
SECTION 2. Section 261-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The director of transportation,
officers, and employees of the department of transportation, and every state
and county officer charged with the enforcement of state laws and ordinances,
shall enforce and assist in the enforcement of this chapter and of all rules
and orders issued pursuant thereto and of all other laws of the State; and in
that connection each of the persons may inspect and examine at reasonable hours
any premises, and the buildings and other structures thereon, where airports,
air navigation facilities, or other aeronautical activities are operated or
conducted. In aid of the enforcement of this chapter, the rules and orders
issued pursuant thereto, and all other laws of the State, the powers of police
officers are conferred upon the director, and such of the officers, employees,
agents, and representatives of the department as may be designated by the
director to exercise such powers, including the power to serve and execute
warrants and arrest offenders, and the power to serve notices and orders. For
the purposes of this subsection the term "agents and representatives"
[includes] does not include persons performing services at
airports under contract with the department."
SECTION 3. Section 463-11, Hawaii Revised Statutes, is amended to read as follows:
"§463-11 Association with government
not to be implied. (a) No licensee shall use any designation or
trade name which implies any association with any municipal, county, state, or
territorial government or the federal government, or any agency thereof; nor
shall a licensee or employee of any licensee wear or use any badge [or],
uniform, equipment, vehicle, or other accoutrement capable of being
associated with the badge [or], uniform, equipment, vehicle,
or accoutrement of any law enforcement officer employed by a government
law enforcement organization[.]; nor shall a licensee or employee of
any licensee use the terms "law enforcement officer",
"police", or "police officer" to self-identify.
(b) Any licensee or employee of any licensee who violates this section shall be fined not more than $1,000, or imprisoned not more than ninety days, or both.
(c) For purposes of this section, "law enforcement officer" has the same meaning as in section 710-1000."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2112.
Report Title:
Private Detectives; Private Guards; Law Enforcement Officers; Association with Government Agency Prohibited; Identification; Penalty
Description:
Removes the Department of Transportation's authority to confer police powers to persons performing services at airports under contract with the department. Clarifies that private detectives and private guards are prohibited from self-identifying as a law enforcement officer, police, or police officer. (HB1626 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.