HB2596

SECTION 1. Chapter 139, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Motor vehicle pursuits

§139-A Definitions. As used in this part:

"Authorized emergency vehicle" or "police vehicle" means a vehicle that is authorized for police service and equipped with an operable department-authorized blue light and siren; or a police helicopter.

"Body-worn camera" means a police department-issued, compact video-recording device worn by a law enforcement officer for the purpose of recording interactions with the public.

"Motor vehicle pursuit" or "pursuit" means an attempt by a law enforcement officer operating or directing the operation of a motor vehicle to stop another motor vehicle when an occupant of that vehicle is a suspected violator of the law, and the driver of that vehicle appears to be ignoring lawful commands to stop or to be fleeing from the law enforcement officer.

"Primary unit" means the authorized emergency vehicle that initiates or continues as the lead vehicle in a pursuit.

"Secondary unit" means any police vehicle that becomes

involved as a backup to the primary unit.

"Superior officer" means a law enforcement officer above the rank of sergeant.

§139-B Restrictions. (a) No law enforcement officer operating or directing the operation of a motor vehicle not equipped with blue lights and sirens authorized by law and the applicable police department shall engage in a motor vehicle pursuit.

(b) No law enforcement officer shall engage in a motor vehicle pursuit conducted by a different state or county agency without receiving authorization from the law enforcement officer's respective field supervisor.

§139-C Initiation of pursuit. (a) Before initiating a pursuit, a law enforcement officer shall use the police vehicle's blue light and siren to command the subject motor vehicle to stop. If the driver exhibits intentions of eluding the law enforcement officer by being evasive, the law enforcement officer may initiate a pursuit.

(b) Each law enforcement officer initiating a pursuit shall:

(1) Continuously use the flashing blue light and siren;

(2) Immediately notify a dispatcher by specifically announcing that the law enforcement officer is initiating a pursuit;

(3) Provide to the dispatcher:

(A) The reason, location, and direction of the pursuit;

(B) Each motor vehicle's speed;

(D) A general description of the pedestrian and vehicular traffic;

(E) The description and license plate number of the pursued vehicle;

(F) A description of the pursued vehicle's occupants; and

(G) Frequent updates regarding subparagraphs (B) through (F); provided that each secondary unit shall also provide frequent updates in accordance with this subparagraph.

(c) Upon gathering adequate information, the dispatcher shall make timely notification to the appropriate field supervisors and the on-duty lieutenant, or lieutenant's designee, of the division of the police department responsible for public communications. The lieutenant, or lieutenant's designee, shall monitor the pursuit closely.

(d) The primary dispatcher of the police department shall be responsible for handling each pursuit; provided that the primary dispatcher shall select how often the police department shall use the primary dispatcher.

(e) The dispatcher shall:

(1) Use a multicast broadcast to notify all available units of the pursuit;

(2) Be responsible for transmitting all available information about the pursuit; and

(3) Contact the applicable helicopter unit of the police department and direct the unit to assist in the pursuit if the unit is available and the dispatcher deems it appropriate.

§139-D Supervisory responsibilities. (a) The applicable pursuit supervisor shall be responsible for supervising each pursuit; provided that, in the pursuit supervisor's absence, the ranking supervisor available at the time shall be responsible for supervising the pursuit.

(b) The individual identified in subsection (a) shall:

(1) Determine the units to participate in the pursuit;

(2) Be responsible for determining whether to designate the situation as a pursuit; and

(2) Direct the pursuit throughout its duration;

provided that if a superior officer instructs or directs law enforcement officers involved in the pursuit, the pursuit supervisor's responsibilities shall be transferred to that superior officer.

(d) The applicable initial patrol district watch commander shall ensure that each report prepared pursuant to section 139-G is submitted to the district commander in accordance with that section.

§139-E Pursuit tactics. (a) No more than two police vehicles shall pursue a subject vehicle at any time; provided that the pursuit supervisor may authorize more vehicles to participate in the pursuit if necessary for the safety of the law enforcement officers involved.

(b) The operator of a secondary unit that becomes involved as a backup to the primary unit shall:

(1) Keep the emergency lights and siren activated at all times during the pursuit;

(2) Inform a dispatcher that the operator is engaging in the pursuit; and

(3) Information a dispatcher if the operator takes over the pursuit.

(c) No law enforcement officer not directed by the pursuit supervisor to participate in the applicable pursuit shall join in the pursuit; provided that an available law enforcement officer shall monitor the progress of the pursuit on the law enforcement officer's radios and position themselves so as to be prepared to assist if directed to do so; provided further that no law enforcement officer shall violate any applicable traffic laws or regulations to satisfy the requirements of this subsection.

(d) No law enforcement officer shall attempt to pull alongside or pass a pursued vehicle. Each pursuing law enforcement officer shall remain at a safe distance behind the pursued vehicle and keep the pursued vehicle in the law enforcement officer's sight until the driver of the pursued vehicle stops voluntarily. Each pursuing police vehicle shall remain at a safe distance from any other pursuing police vehicle.

(e) Each pursuing law enforcement officer shall use a firearm in the pursuit only in strict compliance with any applicable laws and directives relating to the use of firearms.

(f) Each pursuing law enforcement officer having a body‑worn camera shall ensure that the camera is activated and used in strict compliance with any applicable laws and directives throughout the pursuit.

(g) No police vehicle shall be used to block, contain, or ram a pursuing vehicle.

(h) If available and deemed appropriate to do so, an applicable helicopter unit of the police department shall assist in each pursuit. Any relevant information obtained from the helicopter unit, including the unit's ability to track the pursued vehicle, shall be provided to the pursuit supervisor. The pursuit supervisor may, based on this information, consider directing all ground units to terminate the pursuit and direct these units to respond to the location of the pursued vehicle in a nonemergency status.

§139-F Termination of pursuit. (a) Each pursuit shall be terminated if:

(1) The risk created by the pursuit is unreasonable based on the nature of the offense for which the suspect is being pursued and the conditions under which the pursuit is conducted, including the speeds involved, volume of traffic on the road, pedestrian traffic, weather and roadway conditions, actions of the pursued vehicle, actions of the pursuing law enforcement officers, actions at intersections, presences of school zones, time of day, and any other factors that may affect visibility and maneuverability;

(2) The suspect is identified with sufficient certainty that apprehension may be effected at a later time; or

(3) The whereabouts of the pursued vehicle are no longer certain;

provided that the pursuit supervisor shall be primarily responsible for determining whether to terminate the pursuit; provided further that nothing in this section shall be construed as precluding any other law enforcement officer, including the primary unit, from terminating the pursuit based on the law enforcement officer's knowledge of conditions that are relevant to the pursuit.

(b) Any helicopter unit participating in a pursuit may terminate the unit's participation if the pilot of the helicopter or an observer in the helicopter determines that the danger of continuing the pursuit from the air outweighs the need to continue the pursuit.

(1) Each pursuing law enforcement officer shall turn off the pursuing vehicle's siren and blue lights, reduce the vehicle's speed to the posted limit, and attempt to maneuver the vehicle out of view of the pursued driver; and

(2) The helicopter unit shall bring the helicopter to the normal cruising altitude and out of view of the pursuit vehicle unless directed by the pursuit supervisor to continue monitoring the pursuit vehicle.

§139-G Motor vehicle pursuit reports. (a) After each motor vehicle pursuit, each member of the police department who participated in the pursuit, including the pursuit supervisor, each primary and secondary unit, and each law enforcement officer in the applicable helicopter unit, shall prepare a report that includes:

(1) The reason for the pursuit;

(2) The date, start time, and end time of the pursuit;

(3) Identification of each party involved in the pursuit;

(4) A summary of the circumstances surrounding the pursuit; and

(5) Whether a body-worn camera was present and active during the pursuit.

No later than the next calendar day following the pursuit, each member shall submit the member's report to the commander of the element in which the pursuit began, or the commander's designee. Within five calendar days of the pursuit, the commander or commander's designee shall compile, and submit to the applicable office of the county that is responsible for professional standards for law enforcement officers, all reports prepared in response to the pursuit. The professional standards office shall forward the compilation of reports to the pursuit review board established under section 139-H and the commander of the element in which the pursuit began.

(b) Each report shall be prepared on a form approved by the professional standards office; provided that this form shall comply with the requirements of subsection (a).

§139-H Pursuit review boards; composition; duties. (a) Each police department in the State shall establish a pursuit review board to review each motor vehicle pursuit and recommend a course of action to the applicable chief of police.

(b) Each pursuit review board shall comprise a major, or the major's designee, from each bureau of the applicable police department. The major of the police department division that is responsible for enforcement of the State and applicable county's traffic laws shall serve as the chairperson of the pursuit review board. The pursuit review board shall select a vice chairperson from among its members.

(d) Each member of each pursuit review board shall serve a term of at least twelve months. Two members shall be replaced each year.

§139-I Pursuit review boards; investigations. (a) After each pursuit:

(1) The captain of each element involved in the pursuit shall:

(A) Appear before the applicable pursuit review board;

(B) Provide the pursuit review board with a summary of the pursuit; and

(i) The pursuit was conducted within acceptable parameters; or

(ii) An additional investigation is required; and

(2) The pursuit review board shall:

(A) If the pursuit review board determines that the pursuit was conducted within acceptable parameters, submit the pursuit review board's conclusion in writing to the applicable chief of police; or

(B) If the pursuit review board determines that the pursuit was not conducted within acceptable parameters:

(i) But no additional investigation is required, recommend to the applicable chief of police that a non-disciplinary action is appropriate; or

(ii) Direct the commander of each affected employee to conduct a full investigation of the pursuit without determining a final disposition or corrective action; provided that, at the discretion of the pursuit review board, the chairperson of the pursuit review board may direct the applicable professional standards office to conduct the investigation.

(b) If an investigation is undertaken pursuant to this section, the chairperson of the applicable pursuit review board shall distribute to each member of the pursuit review board and the commander of any accused employee's element a report of the completed investigation. At the request of the chairperson of the pursuit review board, the captain of any accused employee's element shall appear before the pursuit review board and provide a summary of the case and testimony about the employee's work history and disciplinary record and make recommendations regarding the disposition of the investigation.

(c) Any accused employee may choose to either appear before the pursuit review board in person or provide a written response to each charge made against the employee; provided that, if the accused employee elects to appear in person, the accused employee may have a union representative present at the hearing. The accused employee may provide the pursuit review board with any mitigating circumstances for the pursuit review board to consider.

(d) A written notice of each pursuit review board hearing conducted pursuant to this section shall be delivered to any applicable accused employee at least fourteen calendar days before the hearing date.

(e) After consideration of all pertinent information, the pursuit review board shall submit its recommendations in writing to the applicable deputy chief of police, who shall forward the recommendations to the applicable chief of police.

§139-J Annual report. No later than January 31 of each year, the pursuit review board shall submit to the applicable chief of police a report that includes:

(1) An analysis of all pursuit reports to determine possible patterns and trends;

(2) A review of pursuit policies and reporting procedures; and

(3) Any recommendations for training or policy changes, or both."

SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by designating sections 139-1 to 139-9 as Part I, and inserting a title before section 139-1 to read as follows:

"PART I. GENERAL PROVISIONS"

SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	2596
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII