STAND. COM. REP. NO. 2696

Honolulu, Hawaii

RE:    S.B. No. 2196

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2196, S.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to establish a law enforcement officer independent review board within the Department of the Attorney General to review criminal investigations of incidents of officer-involved death or serious bodily injury conducted by law enforcement agencies and make recommendations to the respective county prosecuting attorney.

     This measure also appropriates funds to establish the review board.

     Your Committee received written comments in support of this measure from the Department of Land and Natural Resources and one individual.  Your Committee received written comments in opposition to this measure from the Civil Beat Center for the Public Interest and one individual.

     Your Committee finds that this measure will promote greater transparency of law enforcement operations and more accountability for law enforcement actions taken by law enforcement officers.  The establishment of an independent review board will provide an additional layer of independent review of those law enforcement actions.

     Your Committee also notes that as this measure crosses over to the next body of the Legislature, further work should be done to address the concerns raised in the prior hearing by the Department of the Attorney General and the Department of the Prosecuting Attorney of the County of Maui.  Specifically, their concerns related to the scope of the review board's review, the review process, the nature and effect of the review board's recommendation, and confidentiality issues.

     Your Committee has amended this measure by changing the effective date to July 1, 2076, to facilitate further discussion on the matter.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2196, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2196, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

JILL N. TOKUDA, Chair