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SB2179
THE SENATE
S.B. NO.
2179
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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The
legislature finds that recently, federal law enforcement agents across the
country have been documented using masks to completely hide their faces while
carrying out deportation and other law enforcement activities.
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The legislature believes that the public
identification of law enforcement officers is a constitutional and democratic
necessity and essential to oversight, redress, and to prevent the abuse of
power.
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Anonymous policing undermines
core rights protected by the Hawaii State Constitution including due process,
equal protection, and freedom from unreasonable searches and seizures.
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The State's multicultural population,
including long-standing immigrant communities and residents from nations with
histories of political repression, rely on transparent and accountable law
enforcement to feel safe, secure, and protected.
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The rise in aggressive federal immigration
enforcement actions conducted by agents concealing their status as legitimate law
enforcement officers, often against persons with no criminal history, raises
profound ethical, moral, and constitutional concerns.
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The legislature further finds that the
Hawaii State Constitution affords the State broad authority to protect the
privacy, liberty, and safety of its residents, including immigrant residents,
so long as these protections do not directly conflict with federal law.
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The intent of this Act is not to obstruct
legitimate federal law enforcement activity, but rather to ensure that all
officers at the federal, state, or county level operating within the State
identify themselves in a manner consistent with fundamental constitutional
norms and ensure that state and county law enforcement agencies do not
facilitate unconstitutional or unethical enforcement actions against the
State's residents.
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Accordingly, the purpose of this Act is to:
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(1)
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By
January 1, 2027, require all law enforcement agencies in the State to maintain
a policy on the visible identification of law enforcement officers;
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(2)
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Require
law enforcement agencies to maintain confidential, accurate records documenting
each officer's adherence to the agency's visible identification policy;
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(3)
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Prohibit
state and county law enforcement agencies from assisting any law enforcement
operation conducted by a federal law enforcement agency that fails or refuses
to maintain a policy on the visible identification of law enforcement officers
that meets the standards of state law; and
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(4)
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By
January 1, 2027, require state and county law enforcement agencies to maintain
a policy on the minimum requirements to cooperate with a federal law
enforcement agency enforcing federal immigration laws in the State.
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SECTION 2.
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Chapter 139, Hawaii Revised Statutes, is amended by adding three new
sections to be appropriately designated and to read as follows:
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139-A
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Law enforcement policies; visible
identification and records.
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(a)
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By January 1, 2027, any law enforcement
agency operating in the State shall establish and maintain a policy on the
visible identification of law enforcement officers.
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The policy shall include, at a minimum, the
following:
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(1)
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A
requirement that all law enforcement officers:
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(A)
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Display visible identification during any official duty
involving interactions with civilians, including patrol, crowd management,
investigative activity, or execution of warrants; and
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(B)
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Upon request, verbally provide identification including the
officer's name, rank, and employing law enforcement agency;
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(2)
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A
prohibition against law enforcement officers' use of masks or personal
disguises while interacting with the public in the performance of the officers'
duties; and
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(3)
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Penalties
for officers who violate the agency's policy on the visible identification of
law enforcement officers that includes policies on discipline, suspension, and
termination of employment.
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(b)
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By January 1, 2027, each law enforcement agency shall maintain accurate
records documenting each officer's adherence to the visible identification
policy established pursuant to subsection (a).
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Records maintained pursuant to this subsection shall remain confidential
and may only be accessible for legal, judicial, or oversight purposes; provided
that each agency shall make the records available upon request to the attorney
general, county police commissions created pursuant to section 52D-1, and any
court of competent jurisdiction in the State.
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(c)
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For the purposes of this section:
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"Law enforcement officer"
includes any individual authorized by the federal government to detain, arrest,
execute warrants, conduct investigations, or otherwise exercise police powers
in the State.
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"Mask or personal disguise"
means any face covering that obscures the identity of an officer.
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"Mask or personal disguise" does not
include standard personal protective equipment for health reasons and any
equipment expressly authorized for officer safety in an ongoing,
contemporaneous, and documented tactical operation.
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"Visible identification" means
a clearly legible badge number or identification number displayed on the
outermost garment and a visible agency name or insignia.
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139-B
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Law enforcement policies; visible
identification and records; applicability to federal law enforcement agencies.
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(a)
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Any federal law enforcement agency employing a law enforcement officer
in the State shall comply with the law enforcement identification policy
requirements of section 139-A.
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(b)
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State and county law enforcement agencies, departments, and officers
shall not assist, authorize, participate in, or facilitate any law enforcement
operation conducted by a federal law enforcement agency that fails or refuses
to comply with the law enforcement identification policy requirements of
section 139-A.
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(c)
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This section shall not be construed to prohibit or interfere with lawful
federal law enforcement activity conducted pursuant to valid federal authority;
provided that the State shall retain the authority, consistent with its police
powers and article I of the Hawaii State Constitution, to regulate the manner
in which law enforcement activities are conducted within its territorial
jurisdiction, including the requirement that all officers identify themselves
openly and visibly.
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(d)
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For the purposes of this section, "federal law enforcement
agency" means any federal agency authorized to exercise law enforcement or
police powers in the State.
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139-C
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Law enforcement policies; cooperation with
federal immigration enforcement; judicial warrant requirement.
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(a)
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By January 1, 2027, any law enforcement agency operating in the State
shall maintain a policy on the minimum requirements to cooperate with a federal
law enforcement agency enforcing federal immigration laws in the State.
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The policy shall include, at a minimum, the
following:
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(1)
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A
prohibition against honoring, executing, enforcing, or complying with any
federal immigration detainer, administrative warrant, or information request
unless the detainer, administrative warrant, or information request is:
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(A)
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Accompanied by a judicial warrant issued by a federal district
court; and
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(B)
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Supported by a written assurance that the individual is sought
for conduct constituting a criminal offense under federal or state law; and
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(2)
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A
prohibition against participating in federal immigration enforcement operations
that target an individual solely based on the individual's immigration status
and absent any criminal conduct.
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(b)
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This section shall not prevent:
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(1)
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The
lawful execution of judicial criminal warrants;
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(2)
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Compliance
with valid federal subpoenas; or
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(3)
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Cooperation
necessary to address threats to national security, armed terrorism, or violent
criminal offenses.
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SECTION 3.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
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SECTION 4.
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In codifying the new sections added by section 2 of this Act, the
revisor of statutes shall substitute appropriate section numbers for the
letters used in designating the new sections in this Act.
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SECTION 5.
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New statutory material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Law
Enforcement; Policies; Masks; Prohibition; Immigration; Judicial Warrants
Description:
By 1/1/2027, requires all law enforcement agencies in the
State to maintain a policy on the visible identification of law enforcement
officers.
�
Requires law enforcement
agencies to maintain confidential, accurate records documenting each officer's
adherence to the agency's visible identification policy.
�
Prohibits state and county law enforcement
agencies from assisting any law enforcement operation conducted by a federal
law enforcement agency that fails or refuses to maintain a policy on the
visible identification of law enforcement officers that meets the standards of
state law.
�
By 1/1/2027, requires state
and county law enforcement agencies to maintain a policy on the minimum
requirements to cooperate with a federal law enforcement agency enforcing
federal immigration laws in the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.