STAND. COM. REP. NO. 1067-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 1849

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1849, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require police departments to disclose to the Legislature the identity of a police officer upon the officer's discharge or second suspension in a five-year period; and

(2) Allow disclosure under the Uniform Information Practices Act (UIPA) of employment misconduct information that results in a county police officer's second suspension in a five-year period.

The Office of Information Practices testified in support of this measure. The Civil Beat Law Center for the Public Interest (Law Center) testified in opposition. The American Civil Liberties Union of Hawai‘i and Society of Professional Journalists Hawaii Chapter provided comments.

Your Committee has amended this measure by:

(1) Amending the purpose section to more accurately reflect the purpose; and

(2) Clarifying that disclosure to the Legislature and under UIPA applies to any subsequent suspension in a five-year period.

Your Committee notes that although it disagrees with the Law Center about the level of access to information that this measure will provide to the public, your Committee is willing to work with the Law Center to achieve a reasonable compromise.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1849, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1849, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

SCOTT Y. NISHIMOTO, Chair