H.B. NO.














relating to civil rights.





     SECTION 1.  Chapter 368, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§368-     Biased-based policing.  (a)  No law enforcement agent or agency shall engage in any of the following:

     (1)  Bias-based policing;

     (2)  The detainment of an individual based on any noncriminal factor or combination of noncriminal factors, unless pursuant to court order; or

     (3)  The use of agency moneys, equipment, or personnel for the purpose of detecting or apprehending any person whose only violation of law is being a noncitizen residing in the United States in violation of federal immigration laws, except as otherwise required by federal law.

     (b)  As used in this section, the following terms shall mean as follows:

     "Biased-based policing" means the practice of a law enforcement agent or agency, relying, to any degree, on actual or perceived race, ethnicity, national origin, immigration or citizenship status, sexual orientation, gender identity, or religion in selecting which individual to subject to routine or spontaneous law enforcement activity following the initial contact.  This term includes the use of racial or ethnic stereotypes as factors in selecting whom to stop and search, but does not include reliance on trustworthy individualized information, relevant to the locality and timeframe, that links a person of a particular race, ethnicity, national origin, sexual orientation, gender identity, or religion to an identified criminal incident or scheme.

     "Law enforcement activity" means activities performed by law enforcement agents including but not limited to non-custodial questioning, interviews, traffic stops, check point or roadblock stops, pedestrian stops, frisks and other types of body searches, consensual and nonconsensual searches of persons or the property of persons, home searches, and contact with potential victims of and witnesses to crimes.

     "Law enforcement agency" means any county police department, the department of public safety, and any federal, state, or county public body that employs law enforcement officers.

     "Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses."

     SECTION 2.  Section 368-1, Hawaii Revised Statutes, is amended to read as follows:

     "§368-1  Purpose and intent.  The legislature finds and declares that the practice of discrimination because of race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, ancestry, or disability in employment, housing, public accommodations, [or] access to services receiving state financial assistance, or treatment by law enforcement agents or agencies is against public policy.  It is the purpose of this chapter to provide a mechanism that provides for a uniform procedure for the enforcement of the State's discrimination laws.  It is the legislature's intent to preserve all existing rights and remedies under such laws."

     SECTION 3.  Section 368-13, Hawaii Revised Statutes, is amended to read as follows:

     "§368-13  Investigation and conciliation of complaint.  (a)  After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith.  At any time after the filing of a complaint but prior to the issuance of a determination as to whether there is or is not reasonable cause to believe that part I of chapter 489, chapter 515, part I of chapter 378, or this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.

     (b)  The executive director shall issue a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred within [one-hundred] one hundred and eighty days from the date of filing a complaint unless the commission grants an extension of time to issue a determination.

     (c)  If the executive director makes a determination that there is no reasonable cause to believe that an unlawful discriminatory practice has occurred in a complaint filed, the executive director shall promptly notify the parties in writing.  The notice to complainant shall indicate also that the complainant may bring a civil action as provided under section 368-12.

     (d)  When the executive director determines after the investigation that there is reasonable cause to believe that an unlawful discriminatory practice within the commission's jurisdiction has been committed, the executive director shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion.

     (e)  Where the executive director has determined that there is reasonable cause to believe that an unlawful discriminatory practice has occurred and has been unable to secure from the respondent a conciliation agreement acceptable to the commission within [one-hundred] one hundred and eighty days of the filing of the complaint unless the commission has granted an extension of time, the executive director shall demand that the respondent cease the unlawful discriminatory practice.  The executive director's determination that a final conciliation demand is to be made shall be subject to reconsideration by the commission on its own initiative but shall not be subject to judicial review.  The executive director may demand appropriate affirmative action as, in the judgment of the executive director, will effectuate the purpose of this chapter, and include a requirement for reporting on the manner of compliance.

     (f)  For complaints relating to biased-based policing under section 368-    , proof that the routine or spontaneous investigatory activities of law enforcement agents or agencies have had a disparate impact based on race, ethnicity, national origin, immigration or citizenship status, sexual orientation, gender identity, or religion, shall constitute prima facie evidence of a violation of this chapter."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.








Report Title:

Civil Rights Commission; Biased-based Policing



Makes it a civil rights violation for law enforcement agencies and agents to practice biased-based policing.



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