STAND. COM. REP. NO. 2917

Honolulu, Hawaii

RE: S.B. No. 2801

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2801, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

begs leave to report as follows:

The purpose and intent of this measure is to increase accountability and transparency in law enforcement practices.

More specifically, the measure:

(1) Provides that a law enforcement officer has a duty to intervene if the law enforcement officer reasonably believes that another law enforcement officer is using unnecessary or excessive force on an arrestee;

(2) Requires the intervening law enforcement officer to report the incident to the other law enforcement officer's supervisor; and

(3) Requires specified departments to submit annual reports to the Legislature.

Your Committee received written comments in support of this measure from the Department of Transportation and one individual.

Your Committee received written comments in opposition to this measure from the State of Hawaii Organization of Police Officers.

Your Committee finds that this measure will help to clarify the duties of, and expectations for, law enforcement officers who witness another officer using unnecessary or excessive force on an arrestee.

Your Committee has amended this measure by:

(1) Clarifying, with respect to the intervening law enforcement officer's duty to report an incident to a supervisor as soon as practicable, that the report is to be made to the supervisor of the other law enforcement officer, as provided in the measure's preamble; and

(2) Making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

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. 2801, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2801, S.D. 2.

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

________________________________

DONOVAN M. DELA CRUZ, Chair