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SB2056
THE SENATE
S.B. NO.
2056
THIRTY-THIRD LEGISLATURE, 2026
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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SECTION 1.
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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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Unlawful
agreements; prohibited.
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(a)
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No
law enforcement agency or law enforcement officer shall enter or seek to enter
into an agreement with any federal or out-of-state law enforcement, including
agreements through the Homeland Security Task Force, Joint Terrorism Task
Force, and state fusion center, to engage in activities that include sharing personal
information or aiding with surveillance, investigations, prosecutions, or
immigration enforcement operations if these activities would:
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(1)
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Violate
the individual's liberties and rights guaranteed under the United States
Constitution or Hawaii State Constitution;
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(2)
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Constitute
racial profiling, unlawful surveillance or investigation, excessive use of
force, or unlawful detention;
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(3)
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Identify
or seek to identify, apprehend, arrest, or impose any other civil or criminal
penalty for:
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(A)
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Activities protected by the First Amendment to the United States
Constitution, including rights to free speech and press, peaceable assembly,
and petition the government for a redress of grievances;
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(B)
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The provision of humanitarian or legal assistance, or any other
aid that is lawful in this State;
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(C)
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Offenses related to immigration status, including violations of
title 8 United States Code; or
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(D)
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Nonfederal misdemeanors and violations, including motor vehicle offenses;
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(4)
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Subject
individuals to immigration detention, removal, or deportation proceedings; or
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(5)
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Result
in requests to obtain data from a state agency, conduct surveillance, or
investigate pursuant to the objectives of National Security Presidential
Memorandum-7 of September 25, 2025.
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(b)
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Law enforcement agencies shall obtain written
authorization from the state attorney general certifying that any existing
agreements comply with this section.
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Any
agreements that do not receive authorization from the state attorney general
shall be amended or terminated.
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(c)
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Law enforcement agencies shall obtain written authorization from the
state attorney general certifying that any new agreements comply with this
section.
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SECTION 2.
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New statutory material is underscored.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Individual
Liberties; Law Enforcement Agencies; Prohibited Agreements
Description:
Prohibits
law enforcement agencies from forming certain agreements with federal or
out-of-state law enforcement agencies.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.