STAND. COM. REP. NO. 2091

Honolulu, Hawaii

RE:    S.B. No. 2195

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.B. No. 2195 entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

(1)  Require the Director of Public Safety to annually submit to the Legislature and post on its public website reports on misconduct incidents that resulted in suspension or discharge of a sheriff or deputy sheriff; and

(2)  Require county police chiefs' annual reports regarding misconduct incidents that resulted in suspension or discharge of a police officer to be posted on the respective county police department's public website.

     Your Committee received testimony in support of this measure from the Department of Public Safety; Ho‘omana Pono, LLC; American Civil Liberties Union of Hawaii; Civil Beat Law Center for the Public Interest; Hawaii State Coalition Against Domestic Violence; and five individuals.  Your Committee received testimony in opposition to this measure from the Department of the Prosecuting Attorney of the County of Maui.

     Your Committee finds that the mission of law enforcement to serve and protect the public would benefit from timely, consistent exposure and correction of misconduct and that this measure would increase transparency and accountability of state and county law enforcement agencies.

     Your Committee has amended this measure by:

     (1)  Replacing references to the individuals whose misconduct triggers the reporting requirements under this measure with references to employees having police powers; and

(2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2195, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2195, S.D. 1, and be referred to your Committees on Judiciary and Labor and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair