STAND. COM. REP. NO. 1222

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1107

       H.D. 1

       S.D. 2

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1107, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE HAWAII NATIONAL GUARD,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to authorize members of the Army and Air National Guard who are qualified by training and authorized by their commanders to use electric guns, subject to state law, when assisting civil authorities in disaster relief, civil defense, or law enforcement functions.

 

     Your Committee finds that current state law permits only certain state and county law enforcement officers or vendors providing electric guns to those entities to possess or use electric guns, commonly known as tasers, within this State.  Your Committee further finds that members of the Army or Air National Guard may be called upon to serve alongside and perform identical duties to state and local law enforcement officers when state and local capacity is inadequate to the task at hand.  Your Committee finds that in these instances, Army and Air National Guard members should be authorized to perform their functions in the same manner as authorized for other law enforcement officers.  Your Committee notes that electric guns, when used judiciously, may allow law enforcement personnel to avoid lethal force in cases where it may otherwise be required.  Your Committee notes that this measure requires training and specific command authorization for each individual member authorized by this measure to possess and use an electric gun.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of July 1, 2011; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1107, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1107, H.D. 1, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair