Bill Text: HI HB1199 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Domestic Violence.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB1199 Detail]

Download: Hawaii-2024-HB1199-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1199
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to domestic violence.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

LAW ENFORCEMENT AGENCY DOMESTIC VIOLENCE POLICIES

     §   -1  Definitions.  As used in this chapter:

     "Dating relationship" has the same meaning as defined in section 586-1.

     "Domestic violence" means:

     (1)  Physical harm, bodily injury, assault; the threat of imminent physical harm, bodily injury, or assault; extreme psychological abuse; or malicious property damage between family or household members; or

     (2)  Any act that would constitute an offense under section 709-906, or under part V or VI of chapter 707, committed against a minor family member or household member by an adult family or household member.

     "Extreme psychological abuse" means an intentional or knowing course of conduct directed at an individual that seriously and consistently alarms or disturbs or continually bothers the individual, and that serves no legitimate purpose; provided that the course of conduct would cause a reasonable person to suffer extreme emotional distress.

     "Family or household member" means spouses or reciprocal beneficiaries, former spouses or former reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, persons jointly residing or formerly residing in the same dwelling unit, and persons who have or have had a dating relationship.

     "Law enforcement agency" means a county police department; the department of public safety, or its successor agency; or any state or county public body that employs law enforcement officers.

     "Law enforcement officer" means all law enforcement positions that require the possession of a firearm, including a sheriff, deputy sheriff, police officer, parole officer, and probation officer.

     "Malicious property damage" means intentional or knowing damage to the property of another, without consent, with an intent to cause emotional distress.

     §   -2  Domestic violence policy; adoption; implementation.  (a)  No later than January 1, 2024, each law enforcement agency shall adopt and implement a written policy on domestic violence committed or allegedly committed by a law enforcement officer employed by the agency.  The policy shall meet the minimum standards specified in this chapter.  Each law enforcement agency may consult public and private nonprofit organizations,        domestic violence advocates, and any other organizations or experts the agency deems necessary.

     (b)  The domestic violence policy shall provide due process for law enforcement officers accused of committing domestic violence and shall include:

     (1)  Pre-hire screening procedures reasonably calculated to discover whether an applicant for a law enforcement position:

          (A)  Has committed or, based on credible sources, has been accused of committing, an act of domestic violence; or

          (B)  Is currently, or has previously been, subject to a domestic abuse protective order under chapter 586;

     (2)  Procedures for mandatorily and immediately responding to acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

     (3)  Procedures for delivering information on domestic violence prevention programs to a law enforcement officer who requests the information or has been accused of an act of domestic violence;

     (4)  Procedures for law enforcement agency employees to mandatorily and immediately report when an employee becomes aware of an allegation of domestic violence committed or allegedly committed by a law enforcement officer;

     (5)  Procedures to address a report by a law enforcement agency employee who is the victim of domestic violence committed or allegedly committed by a law enforcement officer;

     (6)  Procedures for a law enforcement officer to mandatorily and immediately self-report to the officer's employing law enforcement agency when the agency responds to a domestic violence call in which the law enforcement officer committed or allegedly committed an act of domestic violence;

     (7)  Procedures for a law enforcement officer to mandatorily and immediately self-report to the officer's employing law enforcement agency if the officer is currently or has previously been subject to a domestic abuse protective order under chapter 586;

     (8)  Procedures to initiate prompt, separate, and impartial administrative and criminal investigations of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer;

     (9)  Procedures for taking appropriate action during an administrative or criminal investigation of acts or allegations of domestic violence committed or allegedly committed by a law enforcement officer; provided that each law enforcement agency shall develop administrative procedures to determine, in a manner consistent with applicable law and the agency's ability to maintain public safety, whether to relieve the law enforcement officer of agency-issued weapons and other agency-issued property and whether to suspend the law enforcement officer's power of arrest or other powers pending resolution of any investigation;

    (10)  Procedures regarding the imposition of penalties or disciplinary actions under the policy;

    (11)  Procedures to make available to the alleged victim the following information immediately upon an allegation of domestic violence committed by a law enforcement officer:

          (A)  The law enforcement agency's written policy on domestic violence committed or allegedly committed by a law enforcement officer;

          (B)  Information on and contact information for public and private nonprofit domestic violence advocates and services; and

          (C)  Information on the law enforcement agency's confidentiality polices regarding the victim's information;

    (12)  Procedures for responding in a timely manner to an alleged victim's inquiries into the status of the administrative investigation and the procedures the law enforcement agency will follow in investigating domestic violence committed or allegedly committed by a law enforcement officer;

    (13)  Procedures requiring each law enforcement agency to immediately notify the employing law enforcement agency if the notifying agency becomes aware of acts or allegations of domestic violence committed by a law enforcement officer employed by another agency; and

    (14)  Procedures for law enforcement agencies to access and share domestic violence training.

     §   -3  Training.  (a)  No later than January 1, 2024, each law enforcement officer hired by a law enforcement agency before July 1, 2023, shall be trained by the law enforcement agency on the agency's policy required under this chapter.

     (b)  Each law enforcement officer hired by a law enforcement agency on or after July 1, 2023, shall within six months of beginning employment, be trained by the agency on the agency's policy pursuant to this chapter.

     §   -4  Reporting.  No later than twenty days prior to the convening of each regular session, beginning with the regular session of 2024, each law enforcement agency shall submit to the legislature and governor:

     (1)  The agency's policy developed under this chapter;

     (2)  Any revisions to the policy; and

     (3)  Confirmation that the agency has complied with the training required under this chapter.

     §   -5  Possession of a firearm after issuance of a protective order or conviction for domestic violence.  (a)  No law enforcement officer shall possess a firearm while the law enforcement officer is subject to a court order that:

     (1)  Was issued after a hearing of which the law enforcement officer received actual notice and at which the law enforcement officer had an opportunity to participate;

     (2)  Restrains the law enforcement officer from harassing, stalking, or threatening an intimate partner of the law enforcement officer or child of an intimate partner of the law enforcement officer, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the intimate partner or child;

     (3)  Includes a finding that the law enforcement officer represents a credible threat to the physical safety of an intimate partner or child; and

     (4)  Prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury against an intimate partner or child.

     (b)  No law enforcement officer who has been convicted in any court of a misdemeanor or felony crime of domestic violence shall possess a firearm unless the conviction has been expunged or set aside.

     §   -6  Public notice.  Each law enforcement agency shall post the agency's written policy on domestic violence committed or allegedly committed by a law enforcement officer on the agency's official website."

     SECTION 2.  Section 52D-16, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§52D-16[]]  Domestic violence policies; standard of conduct policies.  [Each] Pursuant to chapter    -6, each county police department shall post its policies relating to domestic violence, officer-involved domestic violence, and standards of conduct on its official website."

     SECTION 3.  Each state and county law enforcement agency subject to this Act shall submit a report to the legislature, no later than twenty days prior to the convening of the regular session of 2024, confirming the agency's adoption and implementation of the domestic violence policy required by this act, and providing recommendations, including recommendations for further legislation, regarding domestic violence policies for law enforcement agencies in Hawaii.

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

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Domestic Violence Policy; Law Enforcement Agencies; Law Enforcement Officers

 

Description:

Requires law enforcement agencies to adopt and implement a written policy on domestic violence committed or allegedly committed by a law enforcement officer.  Establishes standards, training deadlines, administrative procedures, and reporting requirements.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.