HB1848

SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§28‑ Racial profiling prevention; policy; training. (a) The attorney general shall adopt a policy and implement an annual training program for its investigators regarding racial profiling prevention that provides and instructs that the investigators shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect.

(b) Investigators of the department of the attorney general shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect."

SECTION 2. Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§52D- Racial profiling prevention; policy; training. (a) Each county shall adopt a policy and implement an annual training program for its police officers regarding racial profiling prevention that provides and instructs that police officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect.

(b) Police officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect."

SECTION 3. Chapter 199, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§199- Racial profiling prevention; policy; training. (a) The board of land and natural resources shall adopt a policy and implement an annual training program for its conservation and resources enforcement officers regarding racial profiling prevention that provides and instructs that the officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect.

(b) Conservation and resources enforcement officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect."

SECTION 4. Chapter 266, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§266‑ Racial profiling prevention; policy; training. (a) The department of transportation shall adopt a policy and implement an annual training program for its enforcement officers regarding racial profiling prevention that provides and instructs that the officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect.

(b) Enforcement officers of the department of transportation shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect."

SECTION 5. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Racial profiling prevention; policy; training. (a) The department shall adopt a policy and implement an annual training program for its public safety officers and law enforcement officers regarding racial profiling prevention that provides and instructs that the officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect.

(b) Public safety officers and law enforcement officers shall not use a person's race or ethnicity to form probable cause or reasonable suspicion to stop a vehicle but may use a person's race or ethnicity to confirm a previously obtained description of a suspect."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the attorney general to implement a racial profiling prevention policy and program.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 to:

(1) The county of Hawaii: $ ;

(2) The city and county of Honolulu: $ ;

(3) The county of Kauai: $ ; and

(4) The county of Maui: $ ,

for implementation of a racial profiling prevention policy and program.

The sum appropriated shall be expended by each respective county for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the board of land and natural resources to implement a racial profiling prevention policy and program.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the department of transportation to implement a racial profiling prevention policy and program.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 10. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the department of public safety to implement a racial profiling prevention policy and program.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 11. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2018.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1848
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII