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HB1886
HOUSE OF REPRESENTATIVES
H.B. NO.
1886
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to government operations
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:
"
Chapter
state and federal collaboration
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-1
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Definitions.
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As used in this chapter:
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"Federal authorities" means
any federal agency or department.
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"Federal law enforcement
officer" means any employee of the United States government authorized to
arrest a person for criminal or civil violations of federal law and who is
authorized to carry a firearm in the performance of their official duties
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"Immigration enforcement
operation" means any operation that has as its main objective the
identification or apprehension of a person or persons for purposes of civil
immigration detention, removal or deportation proceedings, or criminal prosecution
for offenses related to immigration status.
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"Legal assistance" means
legal advice or representation provided by an attorney or an individual under
the direct supervision of an attorney.
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"Law enforcement agency" has
the same meaning as in section 139-1.
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"Law enforcement officer" has
the same meaning as in section 139-1.
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"Personal information"
means any information that is linked or reasonably linkable, alone or in
combination with other information, to an identified or identifiable
individual, or a device that identifies or is linked or reasonably linkable to
an individual, including geolocation.
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"Public employee" means
any nominated, appointed, or elected officer or employee of the State or any
county, including the political subdivisions and agencies thereof, any employee
under contract with the State or any county, and any probationary or
provisional employee of the State or county.
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Limitation
on state and federal collaboration; immigration enforcement.
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(a)
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Except as provided by federal or state law,
no state department or agency may use funds appropriated by the legislature or
state public funds to assist or facilitate federal authorities or federal law
enforcement officers in conduct that exceeds their statutorily enumerated
duties and authority.
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(b)
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Except as required by federal or state law, no public employee acting in
their official capacity shall assist or cooperate with, or allow any time,
money, facilities, property, equipment, personnel or other resources to be used
to assist, cooperate with, or facilitate any operation executed in whole or
part by federal authorities or out-of-state authorities that seeks to
identify,
arrest, or otherwise impose
:
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(1)
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A penalty or civil
or criminal liability upon a person or entity based on their engagement in
activities protected by the United States Constitution or the Hawaii
Constitution regarding assembly, petitioning, and speech; and
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(2)
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A penalty upon a
person for purposes of federal immigration enforcement, including an
immigration enforcement operation occurring at or near a school, health
facility, place of worship, or courthouse.
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Limitation on state deputization.
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A public employee or law enforcement officer may
not request assistance from a federal law enforcement officer for the
enforcement of state laws regarding check points or screenings and motor
vehicle traffic stops.
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Agreements for criminal law enforcement.
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(a)
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If a law enforcement agency enters into an agreement with federal
authorities for the purpose of criminal law enforcement, the agreement shall be
in writing and shall not authorize the participation of federal law enforcement
officers or law enforcement authorities in checkpoints, screenings, or motor
vehicle traffic stops conducted at the direction of or with the assistance of a
law enforcement agency or law enforcement officer.
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(b)
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Any agreement shall not exceed two years and shall include a requirement
for the training of involved federal law enforcement officers on state
constitutional and statutory civil rights protections.
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Any agreement shall be subject to review and
approval by the attorney general.
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Task force; prohibition.
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(a)
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No public employee, law enforcement agency, or law enforcement
officer shall take part in or seek to enter an agreement with federal
authorities or out-of-state authorities for the purposes of sharing personal
information, providing assistance with surveillance, investigations, or
prosecution or an immigration enforcement operation, including a joint
federal-state operation such as a federal Department of Homeland Security task force,
fusion center, or joint terrorism task force, if the public employee, law
enforcement agency, or law enforcement officer has reason to believe the
agreement would result in:
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(1)
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Conduct that amounts
to a violation of individual liberties and rights guaranteed under the United
States Constitution or Hawaii State Constitution, including racial profiling,
unlawful surveillance or investigation, excessive use of force, or unlawful
detention;
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(2)
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Conduct that seeks
to identify, apprehend, arrest, or impose civil or criminal liability or other
penalties upon a person or entity for:
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(A)
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Engaging
in protected activities including assembly, petitioning, and speech;
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(B)
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The
provision of humanitarian assistance, legal assistance, or other aid to benefit
an individual;
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(C)
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Civil
immigration detention, removal, or deportation proceedings;
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(D)
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Offenses related
to immigration status; or
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(E)
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Nonfederal
misdemeanors and violations, including motor vehicle offenses and traffic violations;
or
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(3)
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An attempt to
obtain data from a law enforcement agency, conduct surveillance, or investigate
domestic terrorism and organized political violence in furtherance of the
objectives of National Security Presidential Memorandum-7.
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(b)
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Prior to the renewal or establishment of a new agreement, the law
enforcement agency shall seek and receive written approval from the attorney general
that the agreement is in compliance with applicable state laws."
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SECTION 2.
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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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�139-
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Identification
requirements; face coverings.
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(a)
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No law enforcement officer or federal law
enforcement officer shall intentionally obscure or conceal the officer's
identity
while engaged in any official duty or public
interaction by wearing a mask, face covering, or other article that covers or
obscures the face in a manner that prevents or interferes with the
identification of the officer.
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(b)
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Every
law enforcement officer and federal law enforcement officer engaging in
official duties in a public setting shall display a visible form of
identification on the outermost garment of the officer's uniform.
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The identification shall include the officer's
name, agency, and unique badge number.
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(c)
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Each law enforcement agency shall:
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(1)
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Establish and
maintain written policies that are available to the public to ensure compliance
with this section; and
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(2)
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Ensure that all
law enforcement officers receive training on the requirements of this section.
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(d)
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Law
enforcement agencies shall provide identification numbers or badges in a manner
consistent with law enforcement officer safety; provided that the identifying
information remains visible and usable to members of the public during any
public interaction.
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(e)
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Subsections (a) and (b) shall not apply:
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(1)
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In situations
where a law enforcement officer or
federal
law enforcement officer
is engaged in an active tactical operation,
including special weapons and tactics team responses or high‑risk warrant
service, where facial coverings are necessary for ballistic, respiratory, or
operational safety;
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(2)
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When the law
enforcement officer or
federal law
enforcement officer
is operating in an undercover capacity and
disclosure of identity would jeopardize the safety of the officer or the
integrity of the operation; or
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(3)
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When the use of
protective equipment is required due to hazardous environmental conditions,
including smoke, debris, biohazards, or other conditions where respiratory or
facial protection is necessary.
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(f)
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As used in this section, "federal law
enforcement officer" has the same meaning as in section
-1.
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SECTION
3
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Section 803-5,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as
follows:
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"(a)
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A police officer or other officer of justice,
may, without warrant, arrest and detain for examination any person when the
officer has probable cause to believe that such person has committed any
offense, whether in the officer's presence or otherwise[
.
]
; provided
that for purposes of this section, any person employed by a federal law
enforcement agency shall be deemed to have acted in their personal capacity.
"
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Law
Enforcement; State and County Law Enforcement; Federal Law Enforcement; State
and Federal Collaboration; Identification; Facial Coverings; Arrest Without
Warrant
Description:
Establishes
provisions regarding state and federal collaboration.
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Establishes identification and facial
coverings standards for state and federal law enforcement officers.
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Specifies that when federal law enforcement
officers arrest a person without a warrant, that it is done so in their
personal capacity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.