RELATING TO POLICING.

SB2729

THE SENATE

S.B. NO.

2729

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO POLICING
.

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 public
trust in law enforcement is critical to ensuring justice for all under the
law.
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The legislature further finds that
data collection is an essential tool that allows the public, law enforcement,
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.

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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.
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Similarly, in 2020, Hawaii enacted Act 47,
Session Laws of Hawaii 2020, to standardize best practices for the use of force
statewide.

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The
legislature further finds that federal funding is available for the collection
of police stop demographic data.
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The
National Highway Traffic Safety Administration administers a grant program
under section 1906 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act:
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A Legacy for Users, and this
grant program was reauthorized through the Infrastructure Investment and Jobs
Act in November 2021.
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Section 1906
grants are available to encourage states to maintain and allow public
inspection of statistical information on the race and ethnicity of drivers stopped
by law enforcement.

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The
purpose of this Act is to require:

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(1)
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Law enforcement agencies and police oversight
agencies to collect and report certain data regarding law enforcement stops,
uses of force, and complaints to the Hawaii Crime Lab affiliated with the
university of Hawaii; and

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(2)
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The Hawaii Crime Lab affiliated with the
university of Hawaii to collect and publish incident-level information and an
annual report on the data collected.

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SECTION
2.
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Chapter 139, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:

"
Part .
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LAW ENFORCEMENT DATA COLLECTION AND REPORTING

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�139-
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Definitions.
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As used in this part:

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"Central
reporting entity" means the Hawaii Crime Lab affiliated with the
university of Hawaii, or any successor entity selected by the governor to
collect and report data under this part.

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

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

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(1)
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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

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(2)
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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.

"Law enforcement stop" does not include a
detention or search of a vehicle or pedestrian at a roadblock or checkpoint
that is conducted based on a neutral formula that does not include any personal
characteristics or attributes.
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"Law
enforcement 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.

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"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.
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"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.

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"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.

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

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"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.

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"Use
of force" means:

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

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(2)
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Discharge of a firearm at or in the direction
of another person, regardless of whether injury occurs;

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

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(4)
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Deployment of a canine against a person.

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�139-
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Law enforcement stops; uses of force;
complaints; annual report.
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(a)
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Beginning January 1, 2028:

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(1)
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The chief or director of each law enforcement
agency shall submit to the
central reporting entity
an
annual report of all law enforcement stops and uses of force conducted in the
prior year by law enforcement officers employed by the law enforcement agency
and complaints received by the law enforcement agency; and

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(2)
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Each police oversight agency shall submit to
the central reporting entity 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.

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

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

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(2)
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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 to avoid revealing the identity of the person stopped;

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(3)
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The reason for the stop;

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

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(A)
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The basis for the search;

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

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

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(D)
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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;

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

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

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

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(C)
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An arrest was made and, if so, all criminal
offenses charged;

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

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(7)
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The perceived age, race, and gender of each
person involved in the stop; provided that for vehicle stops, this information
need only be provided for the driver, unless a passenger was searched, cited,
arrested, or subjected to physical force;

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(8)
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The perceived disability status of each person
involved in the stop;

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(9)
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Whether the person stopped appeared to be
experiencing a mental health or behavioral crisis;

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(10)
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The use or perceived use of alcohol or drugs
of each person involved in the stop;

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(11)
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The residential zip code of each person
involved or their homelessness status;

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(12)
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The total number of officers involved in the
stop;

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(13)
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The name, age, race, gender, and beat or type
of assignment of each officer involved in the stop;

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

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(15)
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Whether the officer pointed a firearm or
electric gun as defined under section 134-81 at any person;

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(16)
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Whether a law enforcement canine performed a
sniff and, if so, whether the canine was alerted to the presence of contraband;

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(17)
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For vehicle stops, whether the officer ordered
any person to exit the vehicle; and

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

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

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(1)
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The type of force used;

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(2)
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The date, time, and location of the use of
force incident; provided that if the incident occurs at or near a specific
residential address, officers shall include either the nearest cross street or
block number to avoid revealing the identity of the person against whom force
was directed;

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(3)
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The reason for 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;

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

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

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

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(7)
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The perceived disability status of each person
against whom force was directed;

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(8)
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Whether the person against whom force was
directed appeared to be experiencing a mental health or behavioral crisis;

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(9)
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The perceived use of alcohol or drugs of each
person against whom force was directed;

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(10)
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The residential zip code of each person
involved in the use of force incident or their homelessness status;

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(11)
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Any actions by the person against whom force
was directed that led to the officer's decision to use force;

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(12)
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Whether:

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(A)
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The officer perceived the person against whom
force was directed to be armed and, if so, the type of weapon the officer
perceived; and

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(B)
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The person was actually armed and, if so, the
type of weapon the person was armed with;

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(13)
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The total number of officers involved in the
use of force incident;

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(14)
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The number of non-law enforcement persons
involved in the use of force incident;

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(15)
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The name, age, race, and gender of each
officer involved in the use of force incident; and

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(16)
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Whether the use of force report was filed by
the officer who engaged in the use of force or another officer who observed the
use of force.

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

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(1)
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The date on which the complaint was received
and the alleged date, time, and location of the incident; provided that if the
incident occurs at or near a specific residential address, officers shall
include either the nearest cross street or block number to avoid revealing the
identity of the person who submitted the complaint or is the complainant;

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

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(3)
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The nature of the alleged misconduct; provided
that the central reporting entity shall define categories of misconduct;

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(4)
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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;

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

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

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

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(e)
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For the purposes of this section,
"received" means a complaint has been submitted to a law enforcement
agency or police oversight agency in accordance with the agency's publicly
available procedures for filing a complaint.
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"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.

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�139-
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Public access; record retention; privacy;
data review.
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(a)
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The central reporting entity shall make all
incident-level information collected pursuant to this part publicly available
on the central reporting entity's website in a clear, machine-readable format
on an annual basis.
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The central
reporting entity shall also issue an annual report with a summary of data and
visual displays that include but are not limited to graphs and charts showing
trends related to law enforcement stops, including arrests made pursuant to a
stop; uses of force; and complaints.

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(b)
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The chief or director of each law enforcement
agency shall retain the electronic and paper records relating to law
enforcement stops, including arrests made pursuant to a stop, uses of force,
and complaints in accordance with the agency's record retention policy, or for
at least five years after the information is submitted to the central reporting
entity, whichever period is longer.

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(c)
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Law enforcement agencies and police oversight
agencies shall not report or make publicly available the name, address, social
security number, or other unique personal identifying information of any person
stopped, against whom use of force was directed, or who submitted a complaint
or is the complainant.
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Law enforcement
agencies and police oversight agencies are solely responsible for ensuring that
the personally identifying information of the person stopped, against whom use
of force was directed, or who submitted the complaint or is the complainant is
not transmitted to the central reporting entity or released to the public.

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(d)
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Each law enforcement agency shall develop and
make publicly available a policy governing review and auditing of all data
collected under this part.

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�139-
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Rules.
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(a)
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No later than March 1, 2027,
the department of the attorney general, in coordination with the central
reporting entity, shall adopt rules pursuant to chapter 91 for the
collection and reporting of data required under this part.

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(b)
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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.

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

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�139-
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Enforcement mechanisms.
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(a)
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The chief or director of each law enforcement agency and police
oversight agency shall certify annually in writing to the central reporting
entity that the law enforcement agency or police oversight agency complied with
all requirements set forth in this part during the previous calendar year.

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(b)
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The department of the attorney general 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.

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

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(d)
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No action may be commenced under this part against
a law enforcement agency or police oversight agency unless the plaintiff has
provided written notice of the alleged violation to the agency at least sixty
days before filing suit, in a manner that is reasonably calculated to allow the
agency to cure the alleged violation.

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�139-
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Federal grant funding for data collection.

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Funding for the section 1906 grant
program, authorized under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act:
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A Legacy for
Users, P.L. 109-59, shall be administered by the central reporting entity for
the purposes of this part."

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SECTION 3.
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Chapter 139, Hawaii Revised Statutes, is
amended by amending its title to read as follows:

"
CHAPTER
139

LAW
ENFORCEMENT STANDARDS
AND DATA COLLECTION
"

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SECTION 4.

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Chapter 139, Hawaii Revised Statutes, is
amended by designating section 139-1 as part I, entitled "General
Provisions".

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SECTION 5.
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Chapter 139, Hawaii Revised Statutes, is
amended by designating sections 139-2 to 139-9 as part II, entitled "Law
Enforcement Standards Board; Officer Standards, Training, and Certification".

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SECTION 6.
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Chapter 139, Hawaii Revised Statutes, is
amended by designating sections 139-10 to 139-12 as part III, entitled "Law
Enforcement Policies and Accountability".

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SECTION 7.
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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 8.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

UH;
Hawaii Crime Lab; AG; Law Enforcement Stops; Uses of Force; Complaints

Description:

Requires
law enforcement agencies and police oversight agencies to collect and report
certain data regarding law enforcement stops, uses of force, and complaints to
the Hawaii Crime Lab affiliated with the University of Hawaii.
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Requires the Hawaii Crime Lab to collect and
publish incident-level information and an annual report on the data collected.
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Requires the Department of the Attorney
General to adopt rules, in coordination with the Hawaii Crime Lab.

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not legislation or evidence of legislative intent.