HOUSE OF REPRESENTATIVES	H.B. NO.	355
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to county police departments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 52D-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The report shall:

(1) Summarize the facts and the nature of the misconduct for each incident;

(2) Specify the disciplinary action imposed for each incident;

(3) Identify any other incident in the annual report committed by the same police officer;

(4) State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer or the police officer's representative has concluded:

(A) If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:

(i) Whether the incident concerns conduct punishable as a crime, and if so, describe the county police department's findings of fact and conclusions of law concerning the criminal conduct; and

(ii) Whether the county police department notified the respective county prosecuting attorney of the incident; or

(B) If the highest nonjudicial grievance adjustment procedure has not concluded, the report shall state the current stage of the nonjudicial grievance adjustment procedure as of the end of the reporting period; and

(5) Disclose the identity of the police officer upon the police officer's suspension or discharge[.] after the following has occurred:

(A) The highest nonjudicial grievance adjustment procedure timely invoked by the police officer or the police officer's representative has concluded;

(B) A written decision sustaining the suspension or discharge has been issued after the highest nonjudicial grievance adjustment procedure has concluded; and

(C) Ninety calendar days have elapsed following the issuance of the decision."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

County Police Departments; Reports to the Legislature; Misconduct Incidents

Description:

Clarifies when the identity of a police officer, who has been suspended or discharged following a misconduct incident, is to be disclosed in a county police department's annual report to the legislature.

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