RELATING TO LAW ENFORCEMENT.

SB2774

THE SENATE

S.B. NO.

2774

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 two new sections to be appropriately designated and to read
as follows:

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"
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139-A
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Law
enforcement identification policies.
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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 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:

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(A)
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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 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.

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139-B
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Visible display of identification
requirements.
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(a)
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Any law enforcement officer shall visibly
display identification that includes their agency, name, and badge number, if
applicable, while performing enforcement duties.

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(b)
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This section shall not apply to an officer engaged in undercover duties
in the regular performance of the officer's official enforcement duties.

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(c)
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For the purposes of this section:

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"Enforcement duties" has the
same meaning as defined in section 139-A.

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"Law enforcement officer" has
the same meaning as defined in section 139-A.

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"Visibly display
identification" has the same meaning as defined in section 139-A.
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SECTION 2.
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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 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 1 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; Visible Identification; Policy; Requirement

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.
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Requires all law enforcement officers in the State to visibly display
identification including certain information while performing enforcement
duties.
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Exempts officers performing
undercover duties from the visible display of identification requirements.

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