STAND. COM. REP. NO. 2471

Honolulu, Hawaii

RE:    S.B. No. 2196

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Judiciary and Labor, to which was referred S.B. No. 2196 entitled:

"A BILL FOR AN ACT RELATING TO THE LAW ENFORCEMENT OFFICER INDEPENDENT REVIEW BOARD,"

beg leave to report as follows:

     The purpose and intent of this measure is to establish the law enforcement officer independent review board within the Department of the Attorney General to investigate deaths while in law enforcement custody and shootings involving a law enforcement officer where an individual is injured.

     Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Libertarian Party of Hawaii, Common Cause Hawaii, and eleven individuals.  Your Committees received testimony in opposition to this measure from the Department of the Prosecuting Attorney for the County of Maui.  Your Committees received comments on this measure from the Department of the Attorney General.

     Your Committees find that news coverage of recent events have caused significant public outcry for increased oversight of law enforcement in Hawaii.  This measure would allow for greater transparency of law enforcement operations and accountability for law enforcement actions taken by officers.  The establishment of an independent review board for law enforcement officers is in the public interest and will benefit law enforcement agencies with an additional layer of independent review.

     Your Committees note the concerns expressed by the Department of the Attorney General regarding this measure and finds that amendments are necessary to incorporate language proposed by the Department.

     Your Committees have amended this measure by:

     (1)  Adopting the language proposed by the Department of the Attorney General, which:

          (A)  Adds a definition for "officer-involved death or serious bodily injury";

          (B)  Changes the composition of the board;

          (C)  Amends the scope of the board's duties and investigation and reporting procedures of the board; and

          (D)  Allows the expenditure of monies in the criminal forfeiture fund for the payment of expenses arising in connection with the law enforcement officer independent review board, excluding independent review board investigators; and

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

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2196, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2196, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Judiciary and Labor,

________________________________ GILBERT S.C. KEITH-AGARAN, Chair

________________________________ CLARENCE K. NISHIHARA, Chair