Bill Text: HI SB1336 | 2024 | Regular Session | Introduced
Bill Title: Relating To Homeland Security.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1336 Detail]
Download: Hawaii-2024-SB1336-Introduced.html
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THE SENATE |
S.B. NO. |
1336 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMELAND SECURITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that targeted violence is preventable. As reported by the United States Secret Service, most attacks on public spaces and schools come from actors who exhibit observable concerning behavior well ahead of committing targeted violence.
Prevention efforts include training, outreach, and education on targeted violence topics; behavioral intervention/threat assessment and management efforts; and referrals to community resources. When state agencies and the public are knowledgeable about the dynamics of targeted violence, the community can mitigate threats through intervention. Hawaii has become a national leader in these prevention efforts, most recently by developing a statewide targeted violence prevention strategy.
However, the legislature further finds that there is a need for more organized targeted violence prevention efforts at the statewide level. Specifically, there needs to be a concerted effort to educate and train state agencies and the public on the phenomenon of targeted violence and how to prevent it. The development of Behavioral Intervention/Threat Assessment and Management teams in government agencies and the private sector will further this objective by including direct service providers in prevention efforts and promoting collaboration with state agency-based and community-based threat assessment programs. There also needs to be centralized reporting, analysis, and dissemination of threat information between agencies.
The purpose of this Act is to prevent targeted violence by providing outreach, education, and training on targeted violence and targeted violence prevention; technical support for threat assessment; and a centralized mechanism for identifying, analyzing, and disseminating information about threats. This Act seeks to enable information sharing in a way that complies with healthcare and education privacy laws and laws protecting individual privacy rights.
SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . TARGETED
VIOLENCE PREVENTION PROGRAM
§128A- Definitions.
In this part, unless context otherwise
requires:
"Hazard" includes natural and human-made
hazards.
"State agency" means the executive and administrative
departments enumerated in chapter 26, Hawaii Revised Statutes, the state
legislature, and the state judiciary.
"System" means the all-threats or all-hazards
statewide reporting system established under the office of homeland security.
"Targeted violence" means acts dangerous to
human life that are committed in violation of the criminal laws of the United
States or of any state and that:
(1) Involve a degree of planning;
(2) Involve a pre-identified target including:
(A) A person based on actual or perceived identity traits or group affiliation; or
(B) Property based on actual or perceived identity traits or group affiliation;
(3) Appear intended to:
(A) Intimidate, coerce, or otherwise impact a broader population beyond the target of the immediate act; or
(B) Generate publicity for the perpetrator or the perpetrator's grievances;
(4) Occur within the jurisdiction of the State; and
(5) Exclude acts of interpersonal violence, street or gang-related crimes, or financially motivated crimes.
"Threat assessment" means a product or process of evaluating information based on a set of criteria for entities, actions, or occurrences, whether natural or human-made, that have or indicate the potential to harm life, information, operations, or property.
§128A- Targeted violence prevention program; established. (a) There is established within the office of homeland security a program to coordinate state efforts to prevent targeted violence.
(b) The office of homeland security shall provide outreach, education, and training to state agencies and the community on the topics of targeted violence and targeted violence prevention efforts.
(c) In consultation with federal, state, and county governmental and private sector agencies, the office of homeland security may provide model guidance for the establishment of threat assessment programs.
§128A- All-threats or all-hazards statewide
reporting and analysis system; established.
(a) There is established within the office of
homeland security an all-threats or all-hazards statewide reporting system for
the purpose of preventing targeted violence.
(b) The
office of homeland security shall be charged with the collection, retention,
analysis, and dissemination of data and information reported to the system;
(c)
Government agencies, private agencies, or individuals may use the system
to report threats of targeted violence or other hazards, or both;
(d)
State and county government agencies shall use the system to report all threats
of targeted violence, including the following incidents or attempted incidents
regardless of whether there is an immediately identifiable direct nexus with
targeted violence:
(1) Damage to secure areas of the agency premises;
(2) Theft of government property used to access or secure the agency premises or services;
(3) Fraudulent use of identification to obtain access to the agency premises or services;
(4) Unauthorized entry onto the agency premises;
(5) Theft of controlled substances, hazardous materials, or precursor materials on the agency premises;
(6) Unauthorized access to state information systems;
(7) Weapons found on the agency premises that are prohibited by statute, county ordinance, or by agency rule or policy;
(8) Express or implied threats to individually identified persons who are currently present, who are routinely present on the agency premises, or who are employed by the agency;
(9) Express or implied threats to damage the agency property in a way that would jeopardize public or staff safety or would interfere with agency operations or both; and
(10) Express or implied threats to commit violence that targets a class of persons belonging to a particular race, nationality, ethnicity, religion, sex, sexual orientation, gender identity or expression, or disability, regardless of whether the violence would otherwise constitute a hate crime;
(f) If any provision of this part, or the application thereof to any person or circumstances, is held invalid, the remainder of this section, or the application of the provision to other persons or circumstances, shall not be affected thereby.
§128A- Privacy. Dissemination of anonymized or personally identifiable information, or both, whether to another state agency, any law enforcement agency, or any other recipient, by the office of homeland security may be made at the discretion of the office of homeland security and shall only be pursuant to rules adopted by the office of homeland security pursuant to chapter 91.
§128A- Use and dissemination of data and information. (a) Access to the data and information collected and stored in the system shall be limited to the office of homeland security.
(b) When the threat or hazard reported to the
system directly involves a state agency or is a threat against a private
individual in their capacity as an employee of that state agency, the office of
homeland security may so notify the state agency.
(c) When
the threat or hazard reported may constitute a violation of criminal law, the
office of homeland security may so notify federal, state and county law enforcement
agencies.
(d) The
office of homeland security shall analyze data from the system to help inform
an annual statewide threat assessment on general threats to the safety and
welfare of the State. At least one
version of the annual threat assessment shall be released to the public. The annual threat assessment shall not
include personally identifiable information.
(e) The
office of homeland security may analyze data from the system to help inform
additional threat assessments requested by the office of the governor, the
state legislature, the state judiciary, or a state agency that has reported
information to the system.
§128A- Rules. The office of homeland security shall adopt rules pursuant to chapter 91 to implement this part."
SECTION
3. The office of homeland security may
establish two full-time equivalent analyst positions, which would be exempt
from chapter 76, Hawaii Revised Statutes.
SECTION 4.
There is appropriated out of the general revenues of the State of Hawaii
for the sum of $250,000 or so much thereof as may be necessary for fiscal year
2023-2024 and the same sum or so much as may be necessary for fiscal year 2024-2025
to carry out the purposes of this Act, including the hiring and sustainment of
necessary staff.
The sum appropriated shall be expended by the department of defense for the purposes of this Act.
SECTION 5. This Act, upon its approval, shall take effect on July 1, 2023.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Targeted Violence; Office of Homeland Security; Targeted Violence Prevention Program
Description:
Establishes a Targeted Violence Prevention program within the state Office of Homeland Security. Mandates reporting by state and county government agencies regarding specific enumerated activity. Establishes the all-threats or all-hazards statewide reporting and analysis system. Mandates reporting by state and county government agencies regarding specific enumerated activity. Creates two new analyst position and appropriates money for the program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
