Hawaii 2024 Regular Session

Hawaii Senate Bill SB2237 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2237 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to law enforcement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2237
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2237
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to law enforcement.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that vehicular police pursuits in the State can endanger public safety. The legislature acknowledges that approximately thirty-two per cent of the Honolulu police department's vehicular pursuits involve crashes. Additionally, many of the Honolulu police department's vehicular pursuits are initiated in response to minor offenses such as property crimes and traffic offenses. The legislature notes that, in 2021, certain Honolulu police department officers allegedly failed to activate their vehicles' lights or sirens while pursuing a vehicle, caused that vehicle to crash, and then failed to immediately render aid to those injured in the crash. Injuries sustained by those involved in the crash included partial paralysis, fractured spines, and eye lacerations. The legislature further notes that in March 2023, four Honolulu police department officers were charged with felonies in connection with this vehicular pursuit. The legislature believes that establishing stricter police pursuit policies will help to limit these types of crashes. Accordingly, the purpose of this Act is to statutorily establish statewide vehicular police pursuit policies. SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§139- Vehicular pursuit. (a) No law enforcement officer shall engage in a vehicular pursuit unless: (1) The law enforcement officer has a reasonable suspicion to believe that a person in the vehicle to be pursued has committed or is committing one or more of the following: (A) A felony offense under chapter 707 or 708 that involves physical injury to the person of another; (B) A sexual offense under part V of chapter 707; (C) A first or second degree assault offense under section 707-711 or 707-712 by a person operating a vehicle: (i) In a reckless manner; (ii) While under the influence of an intoxicant under section 291E-61; or (iii) Without regard for the safety of others; (D) The offense of abuse of family or household members under section 709-906; (E) The offense of escape in the first degree under section 710-1020; (F) The offense of escape in the second degree under section 710-1021; or (G) The offense of operating a vehicle under the influence of an intoxicant under section 291E-61; (2) The person appears to be aware that the law enforcement officer is signaling the person to stop the vehicle and the person appears to engage in activities to willfully resist or ignore the law enforcement officer's attempt to stop the vehicle, including increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the public or the law enforcement officer; (3) The vehicular pursuit is necessary to identify or apprehend the person; (4) The person poses a serious risk of harm to others and the law enforcement officer believes that, under the circumstances, the safety risks of failing to apprehend or identify the person are greater than the safety risks of the vehicular pursuit; and (5) The pursuing law enforcement officer notifies a supervising law enforcement officer immediately upon initiating the vehicular pursuit; the supervising law enforcement officer oversees the vehicular pursuit; and the pursuing law enforcement officer, in consultation with the supervising law enforcement officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including speed, weather, traffic, road conditions, and any known presence of minors in the vehicle. (b) In any vehicular pursuit performed under this section: (1) The pursuing law enforcement officer and the supervising law enforcement officer shall comply with any applicable procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to engage in the vehicular pursuit; (2) Either the supervising law enforcement officer, pursuing law enforcement officer, or dispatcher shall notify other law enforcement agencies that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit; (3) To the extent practicable, the pursuing law enforcement officer shall use a common radio channel or other direct means of communication to directly communicate with other law enforcement officers engaging in the vehicular pursuit, the supervising law enforcement officer, and the dispatching law enforcement agency; (4) As soon as practicable after initiating a vehicular pursuit, the pursuing law enforcement officer, supervising law enforcement officer, or responsible law enforcement agency shall develop a plan to end the vehicular pursuit through the use of available pursuit intervention options, techniques, or tactics approved by the applicable law enforcement agency; and (5) The pursuing law enforcement officer shall be certified in at least one pursuit intervention option and, within the two years preceding the vehicular pursuit, have completed an initial emergency vehicle operators course or emergency vehicle operators course update, as applicable; provided that the initial emergency vehicle operators course or emergency vehicle operators course update shall include training on performing the risk assessment analysis described in subsection (a)(4). (c) Any law enforcement officer engaging in a vehicular pursuit that fails to satisfy the requirements of this section shall terminate the pursuit. (d) No law enforcement officer shall fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon; provided that if the operator is using the vehicle as a deadly weapon, a law enforcement officer shall only fire a weapon upon the vehicle if no other reasonable means to avoid potential serious physical harm are immediately available to the law enforcement officer. (e) Each law enforcement agency shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section. (f) As used in this section: "Authorized emergency vehicle" shall have the same meaning as in section 291C-1. "Law enforcement agency" shall have the same meaning as in section 78-52. "Vehicle" shall have the same meaning as in section 286-2. "Vehicular pursuit" or "pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to stop a moving vehicle." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that vehicular police pursuits in the State can endanger public safety. The legislature acknowledges that approximately thirty-two per cent of the Honolulu police department's vehicular pursuits involve crashes. Additionally, many of the Honolulu police department's vehicular pursuits are initiated in response to minor offenses such as property crimes and traffic offenses.
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51	51	The legislature notes that, in 2021, certain Honolulu police department officers allegedly failed to activate their vehicles' lights or sirens while pursuing a vehicle, caused that vehicle to crash, and then failed to immediately render aid to those injured in the crash. Injuries sustained by those involved in the crash included partial paralysis, fractured spines, and eye lacerations. The legislature further notes that in March 2023, four Honolulu police department officers were charged with felonies in connection with this vehicular pursuit.
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53	53	The legislature believes that establishing stricter police pursuit policies will help to limit these types of crashes. Accordingly, the purpose of this Act is to statutorily establish statewide vehicular police pursuit policies.
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55	55	SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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57	57	"§139- Vehicular pursuit. (a) No law enforcement officer shall engage in a vehicular pursuit unless:
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59	59	(1) The law enforcement officer has a reasonable suspicion to believe that a person in the vehicle to be pursued has committed or is committing one or more of the following:
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61	61	(A) A felony offense under chapter 707 or 708 that involves physical injury to the person of another;
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63	63	(B) A sexual offense under part V of chapter 707;
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65	65	(C) A first or second degree assault offense under section 707-711 or 707-712 by a person operating a vehicle:
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67	67	(i) In a reckless manner;
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69	69	(ii) While under the influence of an intoxicant under section 291E-61; or
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71	71	(iii) Without regard for the safety of others;
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73	73	(D) The offense of abuse of family or household members under section 709-906;
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75	75	(E) The offense of escape in the first degree under section 710-1020;
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77	77	(F) The offense of escape in the second degree under section 710-1021; or
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79	79	(G) The offense of operating a vehicle under the influence of an intoxicant under section 291E-61;
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81	81	(2) The person appears to be aware that the law enforcement officer is signaling the person to stop the vehicle and the person appears to engage in activities to willfully resist or ignore the law enforcement officer's attempt to stop the vehicle, including increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the public or the law enforcement officer;
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83	83	(3) The vehicular pursuit is necessary to identify or apprehend the person;
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85	85	(4) The person poses a serious risk of harm to others and the law enforcement officer believes that, under the circumstances, the safety risks of failing to apprehend or identify the person are greater than the safety risks of the vehicular pursuit; and
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87	87	(5) The pursuing law enforcement officer notifies a supervising law enforcement officer immediately upon initiating the vehicular pursuit; the supervising law enforcement officer oversees the vehicular pursuit; and the pursuing law enforcement officer, in consultation with the supervising law enforcement officer, considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including speed, weather, traffic, road conditions, and any known presence of minors in the vehicle.
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89	89	(b) In any vehicular pursuit performed under this section:
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91	91	(1) The pursuing law enforcement officer and the supervising law enforcement officer shall comply with any applicable procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to engage in the vehicular pursuit;
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93	93	(2) Either the supervising law enforcement officer, pursuing law enforcement officer, or dispatcher shall notify other law enforcement agencies that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit;
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95	95	(3) To the extent practicable, the pursuing law enforcement officer shall use a common radio channel or other direct means of communication to directly communicate with other law enforcement officers engaging in the vehicular pursuit, the supervising law enforcement officer, and the dispatching law enforcement agency;
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97	97	(4) As soon as practicable after initiating a vehicular pursuit, the pursuing law enforcement officer, supervising law enforcement officer, or responsible law enforcement agency shall develop a plan to end the vehicular pursuit through the use of available pursuit intervention options, techniques, or tactics approved by the applicable law enforcement agency; and
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99	99	(5) The pursuing law enforcement officer shall be certified in at least one pursuit intervention option and, within the two years preceding the vehicular pursuit, have completed an initial emergency vehicle operators course or emergency vehicle operators course update, as applicable; provided that the initial emergency vehicle operators course or emergency vehicle operators course update shall include training on performing the risk assessment analysis described in subsection (a)(4).
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101	101	(c) Any law enforcement officer engaging in a vehicular pursuit that fails to satisfy the requirements of this section shall terminate the pursuit.
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103	103	(d) No law enforcement officer shall fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon; provided that if the operator is using the vehicle as a deadly weapon, a law enforcement officer shall only fire a weapon upon the vehicle if no other reasonable means to avoid potential serious physical harm are immediately available to the law enforcement officer.
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105	105	(e) Each law enforcement agency shall adopt rules pursuant to chapter 91 to effectuate the purposes of this section.
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107	107	(f) As used in this section:
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109	109	"Authorized emergency vehicle" shall have the same meaning as in section 291C-1.
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111	111	"Law enforcement agency" shall have the same meaning as in section 78-52.
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113	113	"Vehicle" shall have the same meaning as in section 286-2.
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115	115	"Vehicular pursuit" or "pursuit" means an attempt by a law enforcement officer in an authorized emergency vehicle to stop a moving vehicle."
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117	117	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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119	119	SECTION 4. New statutory material is underscored.
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121	121	SECTION 5. This Act shall take effect upon its approval.
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125	125	INTRODUCED BY: _____________________________
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127	127	INTRODUCED BY:
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129	129	_____________________________
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135	135	Report Title: Law Enforcement Officers; Vehicular Pursuits; Policies; Restrictions Description: Establishes statewide vehicular pursuit policies. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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141	141	Report Title:
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143	143	Law Enforcement Officers; Vehicular Pursuits; Policies; Restrictions
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147	147	Description:
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149	149	Establishes statewide vehicular pursuit policies.
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157	157	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.