RELATING TO POLICING.

HB278

HOUSE OF REPRESENTATIVES

H.B. NO.

278

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to policing
.

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

����
SECTION
1
.
�
The legislature
finds that public trust in law enforcement is critical to ensuring justice for
all under the law.
�
The legislature
further finds that data collection is one essential tool to allow the public,
police, and policymakers to analyze the effectiveness of existing practices,
determine which policies work and do not work, and support policy decisions
with clear and relevant data.

����
Numerous
states and the District of Columbia have enacted laws to standardize the
collection of complete and accurate policing data to increase community trust,
transparency, and internal accountability through data analysis.
�
Similarly, in 2020, Hawaii enacted Act 47,
Session Laws of Hawaii 2020, to standardize best practices for the use of force
between the counties.

����
The
purpose of this Act is to:

����
(1)
�
Require
county police
departments and police oversight agencies to collect and report certain data
regarding police stops, arrests, uses of force, and complaints to the crime
prevention and justice assistance division of the department of the attorney
general
; and

����
(2)
�
Require the crime prevention and justice
assistance division of the department of the attorney general to collect and
publish incident-level information and an annual report on the data collected.

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

"
Part .
�
Police data

����
�
52D-
�

Definitions.
�
As
used in this part:

����
"Complaint"
means any allegation of unlawful, unauthorized, or otherwise inappropriate
conduct by a police officer against a member of the public.

����
"Division"
means the crime prevention and justice assistance division of the department of
the attorney general.

����
"Physical
force" means the use of physical effort or the application of a tool,
technique, or weapon intended to induce a person's compliance or overcome a
person's resistance.
�
"Physical
force" does not include physical contact used solely for facilitating
custody of a fully compliant person, such as the application of handcuffs on a
cooperative arrestee.

����
"Police
oversight agency" means any agency, board, or commission created by a
political subdivision to accept and review complaints against police officers
employed by the political subdivision.

����
"Police
stop" or "stop" means any encounter, whether on foot or in a
vehicle, between a police officer and a member of the public whether initiated
by the officer or conducted in response to a call for service, that:

����
(1)
�
Constitutes a non-consensual stop or a stop
that would make a reasonable person feel that they are not free to leave or
otherwise end the encounter; or

����
(2)
�
Culminates in a consensual or non-consensual
frisk, search, seizure of property, or arrest of a person, including an arrest
pursuant to an outstanding warrant.

"Police stop" does not include a detention
or search of a vehicle or pedestrian at a roadblock or checkpoint, which is
conducted based on a neutral formula that does not include any personal
characteristics or attributes.
�
"Police
stop" includes a vehicle or pedestrian at a roadblock or checkpoint that is
singled out for additional screening or inspection based on individualized
suspicion or personal characteristics.

����
"Publicly
available" means posted conspicuously in a text-searchable format that is
accessible at no cost.

����
"Serious
bodily injury" means bodily injury that results in a permanent
disfigurement, extreme physical pain, loss or impairment of a bodily function,
limb, or organ, or a substantial risk of death.

����
"Uses
of force" means:

����
(1)
�
Use of a physical force against a person that
results in death, serious bodily injury, or any other injury requiring medical
treatment or evaluation;

����
(2)
�
Discharge of a firearm at or in the direction
of another person, whether or not injury occurs;

����
(3)
�
Use of a weapon against a person; or

����
(4)
�
Deployment of a canine against a person.

����
�
52D-
�
Police
stops; arrests; uses of force.
�

(a)
�
Beginning January 1, 2027:

����
(1)
�
The chief of each county police department
shall submit to the division an annual report of all police stops and uses of
force conducted in the prior year by officers employed by the police department
and complaints received by each police department; and

����
(2)
�
Each police oversight agency shall submit to
the division an annual report of all complaints received.

The
reporting period shall be from January 1 to December 31 of the year immediately
before the year of the report submission.

����
(b)
�
At
minimum, the report shall include the following information for each police
stop:

����
(1)
�
Whether the individual was in a motor vehicle
at the time of the stop;

����
(2)
�
The date, time, location, and approximate
duration of the stop; provided that if the encounter occurs at or near a
specific residential address, officers shall include either the nearest cross
street or block number in order to avoid revealing the identity of the person
stopped;

����
(3)
�
The reason for the stop;

����
(4)
�
Whether a search was conducted during the
stop, and if a search was conducted:

���������
(A)
�
The basis for the search;

���������
(B)
�
Whether the officer asked for consent to
search the person or the person's property, and if so, whether consent was
provided;

���������
(C)
�
Whether person, property, or both was searched,
and if so, the type of search used; and

���������
(D)
�
Whether contraband or property was seized
during the search, and if so, the type and amount of contraband or property
that was seized and the basis for the seizure;

����
(5)
�
The final outcome of the stop, including
whether:

���������
(A)
�
A warning was issued, and if so, the reasons
for the warning;

���������
(B)
�
A citation was issued, and if so, the
violation charged; and

���������
(C)
�
An arrest was made, and if so, the criminal
offense or offenses charged;

����
(6)
�
The total number of persons involved in the
stop;

����
(7)
�
The perceived age, race, and gender of each
person involved in the stop; provided that in the case of a vehicle stop, this
information need only be provided for the driver, unless a passenger is
searched, cited, arrested, or has physical force used against them;

����
(8)
�
The total number of officers involved in the
stop;

����
(9)
�
The name, age, race, gender, and type of
assignment of each officer involved in the stop;

���
(10)
�
The perceived disability status of each person
involved in the stop;

���
(11)
�
Whether the person stopped appeared to be
experiencing a mental health or behavioral crisis;

���
(12)
�
The use or perceived use of alcohol or drugs
of each person involved in the stop;

���
(13)
�
The residential zip code of each person
involved or their homelessness status;

���
(14)
�
Whether force was used, and if so, the reason
for the use of force;

���
(15)
�
Whether the officer pointed a firearm or
conducted energy device at any person;

���
(16)
�
Whether a police dog performed a sniff, and if
so, whether or not the dog was alerted to the presence of contraband;

���
(17)
�
Whether the officer ordered any person to exit
a vehicle; and

���
(18)
�
Whether the officer handcuffed or physically
restrained any person during the stop.

����
(c)
�
The report shall include the following
information for each use of force incident:

����
(1)
�
The type of force used;

����
(2)
�
The date, time, and location of the use of
force incident;

����
(3)
�
The reason for the initial contact with the
person, and, if the initial contact was due to suspicion of unlawful activity,
the most serious offense the person was suspected of;

����
(4)
�
The type and severity of the injuries
sustained, if any;

����
(5)
�
The total number of persons involved in the
use of force incident;

����
(6)
�
The perceived age, race, and gender of each
person involved in the use of force incident;

����
(7)
�
The total number of officers involved in the
use of force incident;

����
(8)
�
The number of non-law enforcement persons
involved in the incident;

����
(9)
�
Whether the officer perceived the person whom
force was directed against to be armed, and if so, the type of weapon the
officer perceived and whether the person was actually armed, and if so, the
type of weapon the person was armed with;

���
(10)
�
Any actions on the part of the person whom
force was directed against that led to the officer's decision to use force;

���
(11)
�
The name, age, race, and gender of each
officer involved in the use of force indecent;

���
(12)
�
The perceived disability status of each person
whom force was directed against;

���
(13)
�
Whether the person whom force was directed
against appeared to be experiencing a mental health or behavioral crisis;

���
(14)
�
The perceived use of alcohol or drugs of each
person whom force was directed against;

���
(15)
�
The residential zip code of each person involved
in the use of force incident or their homelessness status; and

���
(16)
�
Whether the use of force report was filed by
the officer that engaged in the use of force or another officer observing the
use of force.

����
(d)
�
The report shall include the following
information for each complaint received by a county police department or police
oversight agency:

����
(1)
�
The date on which the complaint was received
and the alleged date, time, and location of the incident;

����
(2)
�
The race, age, and gender of the complainant,
if known;

����
(3)
�
The nature of the alleged misconduct; provided
that the division shall define categories of misconduct;

����
(4)
�
Whether the complaint was or is being
investigated, and if so, the status or conclusion of the investigation,
including whether the investigation is pending, unfounded, or sustained;

����
(5)
�
The name or unique identification number of
each officer alleged to have engaged in misconduct, if known;

����
(6)
�
The beat or type of assignment of the officer;
and

����
(7)
�
The disciplinary action taken by the police
oversight agency or county police department, if any, and whether such
disciplinary action is final or pending the resolution of an appeal or
challenge.

For the purposes of this subsection,
"received" means a complaint has been submitted to a county police
department or police oversight agency in accordance with the agency's publicly
available procedures for filing a complaint.
�
"Received" includes a complaint that
otherwise complies with the agency's procedures but is submitted anonymously,
is not signed by the complainant, or is submitted by a third party.

����
�
52D-
�
General provisions.
�
(a)
�

The division shall make all incident-level information collected
pursuant to this part publicly available on the department of the attorney
general's website, in a manner that is clear and machine-readable on an annual
basis.
�
The division shall also issue an
annual report with a summary of data and visual displays, including but not
limited to, graphs and charts showing trends related to police stops, arrests,
uses of force, and complaints.

����
(b)
�
The chief of each county police department
shall retain the electronic and paper records relating to police stops, arrests,
uses of force, and complaints in accordance with the department's record
retention policy, or for at least five years after the information is submitted
to the division, whichever period is longer.

����
(c)
�
Each county police department and police
oversight agency shall not report or make publicly available the name, address,
social security number, or other unique personal identifying information of the
persons stopped, searched, or subjected to a property seizure.
�
County police departments are solely
responsible for ensuring that personally identifying information of the
individual involved in a stop, arrest, or use of force incident is not
transmitted to the division or released to the public.

����
(d)
�
Each county police department shall develop
and make publicly available a policy governing review and auditing of all data
collected.

����
�
52D-
�
Implementing regulations.
�
(a)
�
No
later than December 31, 2025, the department of the attorney general shall
adopt rules pursuant to chapter 91 for the collection and reporting of data
required under this part.

����
(b)
�
The rules shall specify all data to be
reported, and provide standards, definitions, and technical specifications consistent
with the requirements of this part to ensure uniform reporting practices across
all reporting agencies.

����
(c)
�
To the greatest extent possible, the rules shall
be compatible with any similar federal data collection or reporting programs.

����
�
52D-
�
Enforcement mechanisms.
�
(a)
�
In
order for a county police department or police oversight agency to be eligible
to receive any state law enforcement funding or any state-administered federal
grant, the county chief of police shall certify annually in writing to the division
that the agency complied with all of the requirements set forth in this part in
the previous calendar year.

����
(b)
�
The division may investigate, and if
warranted, bring a civil action against any agency to obtain equitable or
declaratory relief to enforce the requirements of this part.

����
(c)
�
Any person who resides within the
jurisdiction of a county police department or police oversight agency that is
subject to the requirements of this part may bring a civil action against the county
police department to obtain equitable or declaratory relief to enforce the requirements
of this part pertaining to disclosures to which they are entitled herein.
�
A prevailing plaintiff shall be entitled to
reasonable attorney's fees and costs.

����
(d)
�
No action may be commenced against a county
police department or police oversight agency under this part unless the
plaintiff has provided written notice of the alleged violation to the agency at
least sixty days prior to filing suit, in a manner that is reasonably
calculated to enable the entity to cure the alleged violation."

����
SECTION
3
.
�
Section 52D-3.5, Hawaii Revised Statutes, is
amended by amending its title to read as follows:

����
"
�52D-3.5
�

[
Reports
]
Annual report
to legislature
of misconduct
incidents
.
"

����
SECTION
4
.
�
Chapter 52D, Hawaii Revised Statutes, is
amended by designating sections 52D-1 to 52D-17 as part I, entitled
"General Provisions".

����
SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Police
Data; Police Stops; Arrests; Uses of Force; Complaints; Crime Prevention and
Justice Division of the Department of the Attorney General

Description:

Requires county
police departments and police oversight agencies to collect and report certain
data regarding police stops, arrests, uses of force, and complaints to the
Crime Prevention and Justice Assistance Division of the Department of the Attorney
General.
�
Requires the Division to
collect and publish incident-level information and an annual report on the data
collected.

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