RELATING TO LAW ENFORCEMENT.

SB2772

THE SENATE

S.B. NO.

2772

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:

PART I

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SECTION
1.
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The legislature finds that the use of
face coverings; absence of visible names, officer identification numbers, or
other individually identifying information; failure to be clearly and
conspicuously identifiable as law enforcement officers; and use of unmarked
vehicles during law enforcement activities has raised concerns for public
safety.
�
When law enforcement officers
fail to visibly display identification verifying that they have law enforcement
authority, both individuals involved and onlookers may experience confusion and
fear that they are experiencing or witnessing a crime.
�
Additionally, the lack of consistent, visible
personal and agency identification makes it difficult for other law enforcement
to distinguish between authorized personnel and bad actors.
�
Several news outlets have also reported
incidents of individuals impersonating federal law enforcement officers to
harass or detain others, which undermines public trust in law enforcement,
especially among vulnerable individuals.

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The
legislature further finds that the State has both the authority and
responsibility, under its police powers, to maintain order and protect the
safety and well-being of all people within its jurisdiction.
�
In order to carry out this duty effectively,
the State has the authority to establish identification requirements for law
enforcement operating within the State so that the public and the State's
agents can distinguish between individuals who are exercising law enforcement
authority and those who are not, particularly in situations where a person is
engaging in potentially unlawful behavior.
�

Therefore, the State has a compelling interest in identifying and
verifying who is and who is not validly claiming or operating under law
enforcement authority within the State.

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Accordingly,
the purpose of this part is to require each department or agency employing a
law enforcement officer to maintain a publicly available policy on the visible
identification of law enforcement officers.

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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-
�

Law enforcement identification policies.
�
(a)
�

By January 1, 2027, any law enforcement agency operating in the State shall
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 purpose statement affirming the
department's or agency's commitment to:

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(A)
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Transparency, accountability, and
public trust; and

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(B)
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Restricting situations in which law
enforcement officers do not visibly display identification to specific, clearly
defined, and limited circumstances;

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(2)
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A requirement that all law
enforcement officers visibly display identification that includes their
department or agency and either a name or badge number, or both a name and
badge number, when performing enforcement duties; and

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(3)
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A list of narrowly tailored
exemptions for the following:

���������
(A)
�
Law enforcement officers engaged in
active undercover operations or investigative activities;

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(B)
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Law enforcement officers engaged in
plainclothes operations;

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(C)
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Law enforcement officers wearing
personal protective equipment that prevents display;

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(D)
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Exigent circumstances involving an
imminent danger to persons or property, the escape of a perpetrator, or the
destruction of evidence, including if the law enforcement officer is responding
to those circumstances while off-duty; and

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(E)
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When there is a specific,
articulatable, and particularized reason to believe identification would pose a
significant danger to the physical safety of the law enforcement officer.

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(b)
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Each law enforcement agency shall make its
visible identification of law enforcement officer policy adopted pursuant to
this section accessible to the public.

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(c)
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For the purposes of this section:

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"Enforcement
duties" means:

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(1)
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Active and planned operations
involving the arrest or detention of an individual; or

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(2)
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Deployment for crowd control
purposes.

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"Law
enforcement agency" includes a law enforcement agency of another state.

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"Law
enforcement officer" includes
any commissioned or deputized
volunteer enforcement officer or sworn officer of a law enforcement agency of
another state
vested by law with a duty to:

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(1)
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Maintain public order; or

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(2)
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Make arrests for offenses or to
enforce the criminal laws, whether that duty extends to all offenses or is
limited to a specific class of offenses.

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"Visibly
display identification" means to wear externally on the uniform in a size
and location that is reasonably visible to a member of the public with whom the
law enforcement officer interacts.
"

PART
II

����
SECTION
3.
�
Section 92H-1, Hawaii Revised
Statutes, is amended as follows:

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1.
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By adding a new definition to be
appropriately inserted and to read:

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"
"Law
enforcement officer" means any public servant, whether employed by the
State or subdivisions thereof or by the United States, vested by law with a
duty to maintain public order, or to make arrests for offenses, or to enforce
the criminal laws, whether that duty extends to all offenses or is limited to a
specific class of offenses, and includes the attorney general, deputy attorneys
general, county prosecuting attorneys, and deputy prosecuting attorneys engaged
in the enforcement of criminal laws.
"

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2.
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B
y amending the definition of
"covered public servant" to read:

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"
"Covered public servant" means:

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(1)
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The governor;

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(2)
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The lieutenant governor;

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(3)
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The administrative director appointed
pursuant to section 26-3;

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(4)
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Any head of a department established
under section 26‑4;

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(5)
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Any member of the legislature;

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(6)
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Any active, formerly active, or
retired:

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(A)
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Justice of the Hawaii supreme court;

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(B)
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Judge of the Hawaii intermediate appellate
court;

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(C)
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Judge of a Hawaii circuit court or
circuit family court;

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(D)
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Judge of a Hawaii district court or
district family court; or

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(E)
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Per diem judge of a Hawaii district
court or district family court;

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(7)
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Any active, formerly active, or
retired:

���������
(A)
�
Justice of the United States Supreme
Court;

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(B)
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Judge of the United States Court of
Appeals;

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(C)
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Judge or magistrate judge of the United
States District Court; or

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(D)
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Judge of the United States Bankruptcy
Court,

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who
resides in the State, formerly resided in the State while serving as a federal
judge, or owns real property in the State;

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(8)
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The administrative director of the
courts;

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(9)
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The deputy administrative director of
the courts;

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(10)
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Any employee or volunteer of the office
of elections; [
or
]

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(11)
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Any law enforcement officer; or

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[
(11)
]

(12)

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Any person designated for good cause by the
governor, president of the senate, speaker of the house of representatives,
chief justice, chief judge of the United States District Court for the District
of Hawaii, or chairperson of the office of Hawaiian affairs in the designator's
respective body."

PART
III

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SECTION
4.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
5.
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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
6.
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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
7.
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This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Law
Enforcement; Visible Identification; Policy; Public Records; Protected Personal
Information; Disclosure; Prohibition

Description:

By January 1, 2027, requires each law enforcement agency operating
in the State to maintain a publicly available policy on the visible
identification of law enforcement officers.
�

Adds law enforcement officers to covered public servants who may request
any government agency, person, or organization to not make publicly available
on the Internet certain covered personal information.

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