HOUSE OF REPRESENTATIVES

H.B. NO.

449

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to police departments.

 

 

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

 


     SECTION 1.  The legislature finds that the Honolulu police department has been heavily criticized by lawmakers and the public in the wake of a September 2014 high-profile incident involving an off-duty Honolulu police department sergeant.  The sergeant's actions sparked concern about the way police handle domestic violence cases and triggered an informational briefing at the state capitol, where Honolulu's police chief and two of his deputies were intensively questioned about the Honolulu police department's policies regarding domestic violence investigations.

     The Honolulu police chief and his deputies told lawmakers at the informational briefing that the Honolulu police department has a zero tolerance policy when it comes to domestic violence and other serious offenses.  However, the department's record on disciplining officers for domestic violence-related misconduct was called into question by lawmakers at the briefing.

     Furthermore, the Hawaii state commission on the status of women has noted that they received approximately thirty-eight separate complaints from women who said officers with the Honolulu police department did not respond appropriately to allegations of abuse.  The commission believes that the September 2014 incident involving the off-duty sergeant was not an isolated incident, but rather a pattern of inappropriate handling by some police officers in response to allegations of domestic violence.

     The legislature questions whether the Honolulu police department is minimizing the problem of domestic violence, particularly when incidents involve a police officer.  The legislature also questions whether any potential minimization of alleged incidents of domestic violence involving police officers is based on concern over the Lautenberg Amendment, a federal law that forbids anyone, including a police officer, with a misdemeanor domestic violence conviction from owning or possessing a firearm.

     The legislature additionally finds that the International Association of Chiefs of Police, in collaboration with the United States Department of Justice, Office on Violence Against Women, has created numerous resources on domestic violence and intimate partner crimes, including various model policies for law enforcement agencies.  These model policies are available for free on the International Association of Chiefs of Police's website as a public service.  In particular, the International Association of Chiefs of Police Domestic Violence by Police Officers Model Policy focuses on early intervention, incident response, and investigation procedures and has served as a foundation for agencies across the country looking to adopt and implement policies to address this problem.

     The legislature also finds that the public has a right to know how police officers are expected to respond to domestic violence incidents, including domestic violence incidents involving a fellow officer.  As the Honolulu police chief noted to reporters after a September meeting with lawmakers, "[W]here you lose the trust and confidence in an organization like your police department, it is because we are not sharing enough information."

     Requiring county police departments to post their domestic violence policy, officer-involved domestic violence policy, and standards of conduct online will offer assurances to the public that there are policies in place for responding to these incidents.  Posting these policies online will bring additional accountability and transparency to the police departments and ensure that police departments properly enforce the State's domestic violence laws, regardless of the identity of the perpetrator.  It is also a particularly important step in restoring the public's trust in the Honolulu police department and in the county police departments as a whole.

     Accordingly, the purpose of this Act is to require each county police department to post its policies relating to domestic violence, officer-involved domestic violence, and standards of conduct on its official website.

     SECTION 2.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D-    Domestic violence policies; standard of conduct policies.  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.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

County Police Departments; Domestic Violence Policies; Standards of Conduct

 

Description:

Requires each county police department to post its policies relating to domestic violence, officer-involved domestic violence, and standards of conduct on its official website.

 

 

 

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