HCR36.DOC

WHEREAS, trust between law enforcement agencies and the citizens they serve is essential to the stability of communities, the integrity of the criminal justice system, and a safe and effective delivery of public safety services; and

WHEREAS, in order to safeguard the public and peace officers of this State, it is vital for local peace officers and the communities they protect to have strong, collaborative relationships; and

WHEREAS, implementing the use of body cameras by all law enforcement agencies in the State could assist in preventing and resolving complaints brought by members of the public against peace officers; strengthening law enforcement transparency, performance, and accountability; and the documentation of evidence; and

WHEREAS, the use of video footage might discourage citizens from filing unfounded complaints against officers, which could save state agencies a significant amount of time and funds that would otherwise be spent on lengthy investigations and lawsuits; and

WHEREAS, body cameras and dash cameras may assist law enforcement agencies in identifying and correcting problems within those agencies by using footage from the cameras to provide scenario-based training, evaluate the performance of new officers in the field, and identify new areas in which training is needed; and
WHEREAS, use of body and dash cameras by law enforcement in other regions has been shown to placate officer-civilian conflict and reduce the use of force by officers in the field, either due to changes in civilian behavior in response to the cameras' presence or to changes in that of the officers; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, the Senate concurring, that the Judiciary is requested to convene a law enforcement body camera and dash camera implementation task force to:

(1) Conduct a feasibility study to examine the scope and cost of developing and implementing best procedures and usage of body and dash cameras by law enforcement agencies throughout the State;

(2) Determine rules for access to and use of camera recordings by law enforcement agencies in this State, addressing privacy issues in relation to recorded footage as well as benefits, drawbacks, and concerns about the implementation of its use;

(3) Identify the resources necessary to effectuate the task force's recommendations; and

(4) Conduct any other business deemed necessary to carry out the purpose of this measure; and

BE IT FURTHER RESOLVED that the task force be comprised of the following members representing the diversity of the State:

(1) The chair of the House Committee on Judiciary;

(2) The chair of the Senate Committee on Judiciary and Labor;

(3) The Attorney General or the Attorney General's designee;

(4) The State Public Defender or the Public Defender's designee;

(5) The Prosecuting Attorney for the City and County of Honolulu or the Prosecuting Attorney's designee;

(6) The Executive Director of the Hawaii State Sheriff's Association or the Executive Director's designee;

(7) The Chief of each county police department or the Chief's designee;

(8) The President of the Hawaii State Bar Association;

(9) A representative from the University of Hawaii Criminal Justice Department;

(10) A representative from the Access to Justice Commission;

(11) The President of the State of Hawaii Organization of Police Officers or the President's designee;

(12) A representative of the American Civil Liberties Union of Hawaii;

(13) A district court judge designated by the Chief Justice of the Hawaii Supreme Court;

(14) A member of the public who is a law enforcement officer in a municipality that currently utilizes body cameras; and

(15) The Director of Public Safety or the Director's designee; and

BE IT FURTHER RESOLVED that the task force is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2017, including but not to be limited to the following:

(1) General guidelines for the proper use, maintenance, and storage of body and dash cameras, which shall include recommendations on procedures for when body and dash cameras shall be in recording mode;

(2) Any limitations on which law enforcement entities are permitted to use body and dash cameras, and whether there are situations where camera footage obtained encroaches upon civil liberties;

(3) General guidelines for the proper storage, retention, and release of audio and video data recorded by body and dash cameras;

(4) General guidelines regarding law enforcement training relative to each law enforcement agency's policies and procedures on the use of body and dash cameras; and

(5) Legislation needed, if any, to authorize the use of body cameras by law enforcement in this State; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, the State Public Defender, the Prosecuting Attorney for the City and County of Honolulu, the Executive Director of the Hawaii State Sheriff's Association, the Chief of the Honolulu Police Department, the Chief of the Kauai County Police Department, the Chief of the Maui County Police Department, the Chief of the Hawaii County Police Department, the President of the Hawaii State Bar Association, the head of the University of Hawaii Criminal Justice Department, the Chair of the Access to Justice Commission, the President of the State of Hawaii Organization of Police Officers, the Executive Director of the American Civil Liberties Union of Hawaii, the Chief Justice, and the Director of Public Safety.

OFFERED BY:

_____________________________

Report Title:

Task Force for Body and Dash Camera Implementation within Hawaii Law Enforcement

HOUSE OF REPRESENTATIVES	H.C.R. NO.	36
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII