STAND. COM. REP. NO. 1406

Honolulu, Hawaii

RE: H.B. No. 456

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Public Safety, Intergovernmental, and Military Affairs and Judiciary, to which was referred H.B. No. 456, H.D. 2, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Department of Public Safety to develop policies and procedures to govern the use of force and to require training for its deputy sheriffs in less than lethal use of force; and

(2) Appropriate funds for training, equipment, and related records management.

Your Committees received testimony in support of this measure from the Community Alliance on Prisons, Ho‘omanapono Political Action Committee, and three individuals. Your Committees received comments on this measure from the Department of Public Safety.

Your Committees find that public safety officers are frequently in harm's way and must quickly make difficult decisions while under intense stress. Your Committees further find that because of the gravity of these decisions, the people of the State and public safety officers rely on and expect thorough training and accountability, including training on less than lethal use of force.

Your Committees have amended this measure by:

(1) Requiring the Department of Public Safety to revise, rather than develop, policies, and procedures governing the use of force and including policies and procedures governing the use of weapons and equipment;

(2) Requiring the Department of Public Safety's use of force training to be reviewed by the Law Enforcement Standards Board;

(3) Requiring the Deputy Director of the Law Enforcement Division to be included and certified in all weapons training;

(4) Deleting language that would have established core curriculum to be included in the Department's less than lethal use of force training;

(5) Requiring the Department of Public Safety to report its progress regarding the revision of policies and procedures governing the use of force, weapons, and equipment to the Legislature by January 1, 2020; and

(6) Making technical, nonsubstantive amendments 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 that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 456, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 456, H.D. 2, 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,

________________________________ KARL RHOADS, Chair

________________________________ CLARENCE K. NISHIHARA, Chair