Report Title:

Stun Guns for Victims of Domestic Violence; Pilot Program

Description:

Establishes a 2-year pilot program within the judiciary to allow the use of electric (stun) guns for victims of domestic violence. Allows victims to use concealed guns for defensive purposes for 6 months after a domestic abuse protective order is terminated. Requires the judiciary to adopt rules by 6/30/04.

THE SENATE

S.B. NO.

825

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to domestic abuse.

 

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

SECTION 1. The legislature finds that the increase in the number of incidents of domestic violence in Hawaii requires the implementation of new means to afford greater protection to domestic abuse victims.

Accordingly, the purpose of this Act is to establish a two-year pilot program within the judiciary to authorize the use of electric guns, also known as "stun guns", for victims of domestic abuse. This pilot program, which is established initially in the city and county of Honolulu, would allow domestic abuse victims aged eighteen and over to apply for a license to carry a concealed electric gun, and to use the gun for six months after a domestic abuse protective order has been terminated.

The program, which is completely voluntary, would require mandatory training in the use of these guns and would allow the victim to conceal the gun on the victim's body for the victim's protection. The program also requires the Honolulu police department to establish a stun gun loan program to provide for the loan of electric guns to licensees, and for the return of the guns to the police department upon the termination of a license or renewed license.

This Act further requires the judiciary to adopt administrative rules by June 30, 2004, and to report back to the legislature and governor regarding the success of the program and whether the program should be expanded to other counties or statewide.

Finally, because this Act requires the chief of police of the city and county of Honolulu to issue licenses to carry electric guns, this Act makes an appropriation to the city and county as the State's share of the cost of that mandated program within the meaning of article VIII, section 5, of the Hawaii constitution.

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§134- License to carry concealed stun gun; victims of domestic abuse. (a) When an applicant shows:

(1) Reason to fear injury to the applicant's person or property as a result of domestic abuse; and

(2) That a domestic abuse protective order has been granted to the applicant,

the chief of police of any county having a population greater than five hundred thousand persons may grant a license to an applicant who is a resident of Hawaii of the age of eighteen years or more to carry an electric gun concealed on the person within the county where the license is granted. Unless renewed, the license shall expire six months after the date a protective order is terminated.

(b) The chief of police shall adopt procedures to require that any person granted a license to carry a concealed electric gun on the person shall:

(1) Be qualified to use the firearm in a safe manner;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited by law from the ownership or possession of a firearm; and

(4) Not have been adjudged insane or not appear to be mentally deranged.

(c) No person shall carry concealed on the person an electric gun without being licensed to do so under this section.

(d) Nothing in this section is intended to authorize a person to carry a concealed pistol or revolver unless licensed to do so pursuant to section 134-9.

(e) As used in this section:

"Domestic abuse" has the same meaning as defined in section 586-1.

"Electric gun" or "stun gun" means any nonlethal portable device that is electrically operated to project an electromotive force and that is capable of temporarily immobilizing a person by the infliction of an electrical charge; provided that it:

(1) Does not include any electric livestock prod used in animal husbandry or any automatic external defibrillator used in emergency medical situations;

(2) Does not fire a dart or projectile; and

(3) Is designed solely for defensive purposes.

"Protective order" means a temporary restraining order or other protective order as provided in chapter 586 or section 580-10(d)."

SECTION 3. Section 134-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) This section shall not apply to [law]:

(1) Law enforcement officers of county police and sheriff departments of this State, or vendors providing electric guns to those entities; provided that electric guns shall at all times remain in the custody and control of the county police or sheriff departments[.]; or

(2) Victims of domestic abuse as provided in section 134-  ."

SECTION 4. The chief of police of the city and county of Honolulu shall:

(1) Transmit to the judiciary all relevant data regarding licenses issued pursuant to this section; and

(2) Establish an electric gun loan program to implement this Act. The program shall establish procedures to provide for the loan without charge of one electric gun to each licensee under the new section added by section 2 of this Act, and shall provide for the return of all electric guns to the police department upon the termination of a license or renewed license.

SECTION 5. The chief justice of the Hawaii supreme court or a designee shall:

(1) Maintain statistical information on the number of licenses issued, revoked, suspended, and denied;

(2) Maintain an automated listing of license holders and pertinent information that shall be available, upon request, on a twenty-four hour basis, to all law enforcement agencies; provided that no other state or county agency except the department of the attorney general and the criminal justice data center shall be permitted access to this information, which shall be held strictly confidential to protect the privacy of the domestic abuse victim;

(3) Review the issuance of electric guns to victims of domestic abuse as provided in this Act, and adopt such rules pursuant to chapter 91 without regard to the public notice and hearing provisions of that chapter as may be necessary to implement the pilot program; provided that the judiciary's rules shall be adopted in final form by June 30, 2004;

(4) Submit an interim report regarding the implementation of the pilot program to the legislature and the governor no later than twenty days before the convening of the regular session of 2005; and

(5) Submit a final report containing findings and recommendations, including an assessment of the success of the program, the need to expand the program to other counties or the entire State, estimated costs, and any proposed implementing legislation, to the legislature and the governor no later than twenty days before the convening of the regular session of 2006.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000, or so much thereof as may be necessary for fiscal year 2004-2005, to assist the city and county of Honolulu in implementing this Act.

SECTION 7. The sum appropriated shall constitute the State's share of the cost of mandated programs under article VIII, section 5, of the state constitution.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect on July 1, 2004; provided that this Act shall be repealed on July 1, 2006, and section 134-16(c), Hawaii Revised Statutes, shall be reenacted in the form in which it read on June 30, 2004.

INTRODUCED BY:

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