Hawaii 2022 Regular Session

Hawaii Senate Bill SB2801

Introduced
1/21/22  
Refer
1/24/22  
Refer
1/28/22  
Refer
2/4/22  
Report Pass
2/17/22  
Refer
2/17/22  
Report Pass
3/4/22  
Engrossed
3/8/22  

Caption

Relating To Law Enforcement.

Impact

If enacted, SB2801 will modify existing laws related to the use of force by law enforcement officers. Specifically, it amends Section 803-7 of the Hawaii Revised Statutes to include the duty to intervene and to report on excessive force incidents. This legislation is expected to instill a culture of accountability among law enforcement personnel while equipping the public and policymakers with critical information about police conduct. Through the annual reporting requirement, the bill seeks to foster an environment where transparency is prioritized in policing, ultimately enabling better governance of law enforcement agencies.

Summary

Senate Bill 2801 (SB2801) focuses on enhancing accountability and transparency in law enforcement practices within the state of Hawaii. The bill establishes a legal duty for law enforcement officers to intervene if they witness another officer using unnecessary or excessive force during an arrest. Furthermore, it mandates that the intervening officer report the incident to the offending officer's supervisor, ensuring that any instance of excessive force is formally documented and addressed. By requiring annual reports from law enforcement agencies to the legislature, SB2801 aims to provide oversight of these incidents and promote responsible policing practices.

Sentiment

The reception of SB2801 among lawmakers and the public is generally supportive, reflecting a growing demand for reforms that enhance accountability within law enforcement. Advocates view the bill positively, as it aligns with broader movements aiming to curtail police brutality and to ensure that officers uphold their ethical obligations. Conversely, some law enforcement officials express concerns about the potential implications of this law, questioning whether it might create hesitancy among officers when making split-second decisions during high-pressure situations. The sentiment is overall one of cautious optimism, underscoring the balance between necessary reforms and practical policing challenges.

Contention

Despite the overall support for SB2801, there are notable points of contention regarding its implementation and the responsibilities it places on law enforcement officers. Critics argue that the requirement to intervene could lead to internal conflicts within police departments, as officers may be placed in difficult positions should they witness colleagues using force. There are also concerns that consistent reporting could lead to increased scrutiny and pressure on officers, potentially impacting their performance. Balancing these concerns with the need for accountability remains a critical discussion point as the bill progresses through the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

HI HB2202

Relating To The Department Of Law Enforcement.

HI SB922

Relating To Law Enforcement Reform.

HI HB2596

Relating To Law Enforcement.

HI SB3009

Relating To The Department Of Law Enforcement.

HI HB2621

Relating To Law Enforcement.

HI SB2931

Relating To The Department Of Law Enforcement.

HI HB2748

Relating To Law Enforcement.

HI SB3355

Relating To Law Enforcement.

HI HB1611

Relating To Law Enforcement Officers.

HI HB2231

Relating To Law Enforcement.

Similar Bills

NJ A1381

Requires Attorney General to establish model duty-to-intervene policy for law enforcement officers; requires entities that employ law enforcement officers to adopt duty-to-intervene policy.

NJ A3281

Requires Attorney General to establish model duty-to-intervene policy for law enforcement officers; requires entities that employ law enforcement officers to adopt duty-to-intervene policy.

AZ HB2517

Peace officers; duty to intervene

MS HB1151

Legislative Oversight Act; create to regulate the authority of public officials to defend legal actions.

CA AB2122

Child welfare: Indian children.

CA AB1485

Housing element: enforcement: Attorney General.

HI SB372

Relating To Government Services Relating To The Law.

NJ ACR82

Proposes amendment to State Constitution to limit members of Senate to three successive terms and members of General Assembly to five successive terms.