HB2748 HD1

SECTION 1. The legislature appreciates the sanctity of life, and acknowledges that vehicular pursuits are inherently dangerous due to the conditions of the State's roads. Accordingly, the purpose of this Act is to statutorily establish statewide vehicular law enforcement pursuit policies.

SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§139- Vehicular pursuit. (a) No law enforcement officer shall engage in a vehicular pursuit unless:

(1) The law enforcement officer has a reasonable suspicion to believe that a person in the vehicle to be pursued has committed or is committing one or more of the following:

(A) A felony offense under chapter 707 or 708 that involves physical injury to the person of another;

(B) A sexual offense under part V of chapter 707;

(i) In a reckless manner;

(ii) While under the influence of an intoxicant under section 291E-61; or

(iii) Without regard for the safety of others;

(D) The offense of abuse of family or household members under section 709-906;

(E) The offense of escape in the first degree under section 710-1020;

(F) The offense of escape in the second degree under section 710-1021; or

(G) The offense of operating a vehicle under the influence of an intoxicant under section 291E-61;

(2) The person appears to be aware that the law enforcement officer is signaling the person to stop the vehicle and the person appears to engage in activities to willfully resist or ignore the law enforcement officer's attempt to stop the vehicle, including increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the public or the law enforcement officer;

(3) The vehicular pursuit is necessary to identify or apprehend the person;

(4) The person poses a serious risk of harm to others and the law enforcement officer believes that, under the circumstances, the safety risks of failing to apprehend or identify the person are greater than the safety risks of the vehicular pursuit; and

(5) The pursuing law enforcement officer notifies a supervising law enforcement officer immediately upon initiating the vehicular pursuit; the supervising law enforcement officer oversees the vehicular pursuit; and the pursuing law enforcement officer, in consultation with the supervising law enforcement officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including speed, weather, traffic, road conditions, and any known presence of minors in the vehicle.

(b) In any vehicular pursuit performed under this section:

(1) The pursuing law enforcement officer and the supervising law enforcement officer shall comply with any applicable procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to engage in the vehicular pursuit;

(2) Either the supervising law enforcement officer, pursuing law enforcement officer, or dispatcher shall notify other law enforcement agencies that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit;

(3) To the extent practicable, the pursuing law enforcement officer shall use a common radio channel or other direct means of communication to directly communicate with other law enforcement officers engaging in the vehicular pursuit, the supervising law enforcement officer, and the dispatching law enforcement agency;

(4) As soon as practicable after initiating a vehicular pursuit, the pursuing law enforcement officer, supervising law enforcement officer, or responsible law enforcement agency shall develop a plan to end the vehicular pursuit through the use of available pursuit intervention options, techniques, or tactics approved by the applicable law enforcement agency; and

(5) The pursuing law enforcement officer shall be certified in at least one pursuit intervention option and, within the two years preceding the vehicular pursuit, have completed an initial emergency vehicle operators course or emergency vehicle operators course update, as applicable; provided that the initial emergency vehicle operators course or emergency vehicle operators course update shall include training on performing the risk assessment analysis described in subsection (a)(4).

(c) Any law enforcement officer engaging in a vehicular pursuit that fails to satisfy the requirements of this section shall terminate the pursuit.

(d) No law enforcement officer shall fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon; provided that if the operator is using the vehicle as a deadly weapon, a law enforcement officer shall only fire a weapon upon the vehicle if no other reasonable means to avoid potential serious physical harm are immediately available to the law enforcement officer.

(e) Each law enforcement agency shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(f) As used in this section:

"Authorized emergency vehicle" shall have the same meaning as in section 291C-1.

"Law enforcement agency" shall have the same meaning as in section 78-52.

"Vehicle" shall have the same meaning as in section 286-2.

"Vehicular pursuit" or "pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to stop a moving vehicle."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2748
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII