SB742

SECTION 1. The legislature finds that, in 2016, the Washington D.C. Council unanimously passed the Neighborhood Engagement Achieve Results (NEAR) Act, which provides a comprehensive framework to promote public safety and reduce crime in the District. Recognizing that a number of issues in communities have been criminalized, thus leading to high rates of incarceration and the breakdown of those communities, the NEAR Act consists of several tools and public safety initiatives designed to reduce violent crime, reform criminal justice provisions, and improve community-police relations. One of these tools is a requirement that the D.C. Metro Police Department collect data on felony crimes, stops and frisks, and use of force incidents in an effort to build transparency, increase community trust, and improve internal accountability and data analysis.

Accordingly, the purpose of this Act is to require each county police department to collect certain data regarding police stops, uses of force, and arrests, and submit to the legislature annual reports to help the State identify offenses that should be decriminalized; better determine conditions for situations of interest, such as trends in the use of force; safeguard law enforcement officers from injury; and allow greater overall academic analysis of policing in the State.

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

"§52D- Police stops; uses of force; arrests; data collection; report to legislature. (a) The chief of each county police department shall submit to the legislature no later than January 31 of each year an annual report of all police stops, uses of force, and arrests. The reporting period of each report shall be from January 1 – December 31 of the year immediately prior to the year of the report submission.

(b) The report shall include:

(1) Data concerning all police stops, including the following information:

(A) The date, location, and time of the stop;

(B) Approximate duration of the stop;

(D) Whether a search was conducted as a result of the stop;

(E) If a search was conducted:

(i) The reason for the search;

(ii) Whether the search was consensual or non-consensual;

(iii) Whether person, property, or both, was searched; and

(iv) Whether contraband or property was seized during the search;

(F) Whether a warning or traffic citation was issued, and if so, the reason for the warning or citation;

(G) Whether an arrest was made, and if so, the crime charged;

(H) The gender, race, ethnicity, and date of birth of the person stopped; and

(I) Whether force was used, and if so, the reason for the use of force;

(2) Data concerning all arrests, including:

(A) The case number, date, and time that the arrest was made;

(B) The name, date of birth, race, birthplace, occupation, and marital status of the person arrested;

(D) Location of the arrest;

(E) Name and address of the complainant;

(F) Name of the arresting officer; and

(G) The disposition of the case;

(3) Data concerning all uses of force, including:

(A) Total number of use of force incidents and type of force used;

(B) Total number of officers involved in each use of force incident;

(D) Number of civilian complaints about excessive use of force, including the applicable police department, outcome, and any disciplinary action;

(E) If an arrest was made, the crime charged;

(F) The gender, race, age, and ethnicity of each person involved in the use of force incident; and

(G) The gender, race, age, and ethnicity of each officer involved in the use of force incident; and

(4) Data concerning felony arrests, including:

(A) Number of type of felony arrests;

(B) Number of felony arrests that resulted in conviction and sentence imposed;

(D) Number of suspects involved in each felony arrest;

(E) Number of victims involved in each felony arrest;

(F) Arrestee's age, race, gender, level of education, city of residence, number of prior arrests, number and type of convictions, relationship to the victim or victims, and if known, any prior contact with state mental health care services; and

(G) The victim's age, race, gender, level of education, city of residence, prior contact with police, number and type of convictions, and relationship to arrestee.

(c) The chief of each county police department shall post a copy of the report submitted to the legislature pursuant to this section on the department's website on an annual basis.

(d) The chief of each county police department shall retain the records in accordance with the department's record retention policy or at least eighteen months after the annual report submitted, whichever period is longer.

(e) For purposes of this section, the term "stop" means a temporary investigative detention of a person for the purpose of determining whether probable cause exists to make an arrest. A "stop" is a seizure of an individual's person and occurs whenever an officer uses his or her authority to compel a person to halt or remain in a certain place."

SECTION 3. Section 52D-3.5, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"§52D-3.5 [~~Reports to legislature.~~] Annual report to legislature of misconduct incidents."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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THE SENATE	S.B. NO.	742
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII