THE SENATE |
S.B. NO. |
2931 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the department of law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§353C-
Sheriff division. (a)
In addition to any other function designated by the
department of law enforcement, the sheriff division of the department shall
have primary responsibility for:
(1) The
protection of judicial and legislative personnel;
(2) Protecting
and securing judicial and legislative facilities; and
(3) Preventing,
detecting, and investigating criminal acts, and enforcing traffic regulations,
throughout judicial and legislative buildings, parks, and thoroughfares.
(b)
The sheriff division shall have concurrent jurisdiction with any other
agency of the department of law enforcement to take enforcement action when a
sheriff observes or is made aware of crimes of violence while on or off duty.
(c) The sheriff division shall be responsible for
the physical, technical, and programmatic security of judicial and legislative
buildings, facilities, personnel, and visitors, and the establishment of
programs to protect key personnel, including:
(1) Physical
and technical security programs;
(2) Physical
security staffing;
(3) Threat-based
protection of personnel; and
(4) In
partnership with the Hawaii state fusion center, conducting threat, violence,
and risk intelligence gathering for the protection of the judiciary and the
legislature, including a legislative and judicial threat and risk monitoring
program for:
(A) Threat identification, monitoring, and reporting;
(B) Threat assessment methods;
(C) Risk prioritization;
(D) Disaster planning or evacuation;
(E) Workplace violence;
(F) Active shooter or targeted violence planning, training, and
response; and
(G) Collaboration with external law enforcement agencies during a
mutual aid incident."
SECTION 2. Section 353C-2, Hawaii Revised Statutes, is amended to read as follows:
"§353C-2 Director of law
enforcement; powers and duties. The director of law enforcement shall
administer the public safety programs of the department and shall be
responsible for the formulation and implementation of state goals and
objectives for state law enforcement programs [and], homeland
security, and judicial and legislative protection and security
services, including the deployment of adequate
resources and coordination with county police departments to protect the health
and safety of homestead communities on Hawaiian home lands. In the administration of these programs, the
director may:
(1) Preserve the public peace, prevent crime,
detect and arrest offenders against the law, protect the rights of persons and
property, and enforce and prevent violation of all laws and administrative
rules of the State as the director deems to be necessary or desirable or upon
request, to assist other state officers or agencies that have primary
administrative responsibility over specific subject matters or programs;
(2) Train, equip, maintain, and supervise the force
of law enforcement officers and other employees of the department;
(3) Serve process both in civil and criminal
proceedings;
(4) Perform other duties
as may be required by law;
(5) Adopt, pursuant to chapter 91, rules that are
necessary or desirable for the administration of state law enforcement
programs; and
(6) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department."
SECTION 3. (a) Within thirty days of the effective date of this Act, and annually thereafter, the director of law enforcement and a representative of the sheriff division shall meet and confer with the administrative director of the courts, the president of the senate, and the speaker of the house of representatives, or their respective designees, regarding the security requirements for the judiciary and the legislature to ensure that the views of the judiciary and the legislature regarding the security requirements are taken into account when determining staffing levels, setting priorities for judicial and legislative security programs, and the allocation of appropriate law enforcement and security resources.
As used in this subsection, "judicial or legislative security" includes the security of buildings housing the judiciary or the legislature, the personal security of judicial and legislative officers, including the assessment of threats directed at those officers, and the protection of all other judicial and legislative personnel. The department of law enforcement shall have the final authority regarding law enforcement and security requirements for both the judiciary and the legislature.
(b) Within ninety days of the effective date of this Act, the director of law enforcement shall submit to the judiciary and the legislature a twelve-month plan regarding the transition of responsibilities and implementation of sheriff division programs as required by this Act.
(c) The sheriff division shall initiate the process of obtaining national accreditation for law enforcement agencies, which shall be completed, and certification awarded, within twenty-four months of the effective date of this Act. The director of law enforcement shall notify the judiciary and the legislature within one hundred twenty days of the effective date of this Act of the sheriff division's progress in obtaining the accreditation.
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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Report Title:
DLE; Sheriff Division; Judicial and Legislative Security
Description:
Establishes the Sheriff Division within the Department of Law Enforcement. Specifies the responsibility of the Department of Law Enforcement's Sheriff Division regarding judicial and legislative security.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.