Bill Text: HI SB2428 | 2018 | Regular Session | Introduced
Bill Title: Relating To Law Enforcement.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2018-03-23 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Lowen, McDermott, Souki, Tokioka excused (5). [SB2428 Detail]
Download: Hawaii-2018-SB2428-Introduced.html
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THE SENATE |
S.B. NO. |
2428 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 52D-6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§52D-6[]] Police force; employees[.]; background checks; mandatory disqualification. (a)
The chief of police may appoint officers and other employees under [such]
rules and at [such] salaries as are authorized by law. Probationary appointment, suspension, and
dismissal of officers and employees of the police department shall be as
authorized by law.
(b) The chief of police shall develop standards
to ensure the reputable and responsible characters of officers.
(c) Prior to the employment of a prospective
officer, the chief of police shall require the prospective officer to provide
fingerprints and the chief of police shall obtain criminal history record
information on the prospective officer through the Hawaii criminal justice data
center and the Federal Bureau of Investigation.
(d) The chief of police shall perform a
background check prior to the employment of a prospective officer. The background check shall include, at
minimum, a review of personnel files from each former employer at which the
prospective officer previously served as a law enforcement officer.
(e) The chief of police shall deny employment to
a prospective officer whose previous position as a law enforcement officer was terminated
while the prospective officer was in poor employment standing.
(f) For purposes of this section:
"Law
enforcement officer" means a:
(1) Police officer employed by any federal, state, or local law enforcement agency in the United States; or
(2) Person granted police powers by any
federal, state, or local agency in the United States.
"Poor
employment standing" includes:
(1) Termination due to misconduct;
(2) Resignation while under investigation,
suspension, or during forced administrative desk duty pending investigation; or
(3) Resignation as an alternative to termination due to misconduct."
SECTION 2. Section 353C-4, Hawaii Revised Statutes, is amended to read as follows:
"§353C-4
Appointment of employees with police powers and other employees[.]; mandatory disqualification. (a)
The director may appoint employees to be public safety officers who
shall have all of the powers of police officers; provided that the director [may]:
(1) May establish and assign the employees
to positions or categories of positions that may have differing titles,
specific duties, and limitations upon the exercise of police powers[.];
(2) Shall perform prior employment background
checks of each prospective public safety officer. Each background check shall include, at
minimum, a review of personnel files from each former employer at which the
prospective public safety officer previously served as a law enforcement
officer; and
(3) Shall deny employment to a prospective public
safety officer whose previous position as a law enforcement officer was terminated
while the prospective public safety officer was in poor employment standing.
(b) The director may appoint other personnel necessary to carry out the functions of the department.
(c) The state law enforcement officers transferred from the department of the attorney general by Act 211, Session Laws of Hawaii 1989, shall be responsible for public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign, including the performance of duties of other public safety officers within the department. State law enforcement officers shall have all of the powers of police officers, including the power of arrest.
(d) For purposes of this section:
"Law
enforcement officer" means a:
(1) Police officer employed by any federal, state, or local law enforcement agency in the United States; or
(2) Person granted police powers by any
federal, state, or local agency in the United States.
"Poor
employment standing" includes:
(1) Termination due to misconduct;
(2) Resignation while under investigation,
suspension, or during forced administrative desk duty pending investigation; or
(3) Resignation as an alternative to termination due to misconduct."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018.
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INTRODUCED BY: |
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Report Title:
Law Enforcement; Background Checks; Prior Employment
Description:
Prohibits the hiring of a state or county law enforcement officer if the candidate's previous position as a law enforcement officer was terminated while the officer was in poor employment standing. Requires background checks for prospective police officers.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
