The establishment of an independent review board to investigate deaths of people while in law enforcement custody passed a state Senate committee Tuesday.

聽would require the board, which would be placed in the Hawaii Attorney General鈥檚 Office, to investigate shootings involving a law enforcement officer.

But the bill will be amended to incorporate concerns of the AG鈥檚 office 鈥 specifically, a change of language so that it regards officers involved in 鈥渄eath or serious bodily injury.鈥

The AG also wants to make clear how the legislation would apply to criminal as well as administrative investigations, which might be conducted at the same time. Deputy Attorney Landon Murata said there are separate rules governing each process, and he said it would be 鈥減roblematic鈥 if the bill applied to criminal investigations.

Left to Right, Senator Roslyn Baker, Vice Chair / Sen Will Espero Chair and right, Clarence Nishihara, Public Safety, Intergovernmental Affairs and Military Affairs during committee hearing for bills with Sen Slom at right.
Senators, from left, Roslyn Baker, Will Espero, Clarence Nishihara and Sam Slom discuss several law enforcement bills. Cory Lum/Civil Beat

Sen. Will Espero, who introduced SB 2196, told Murata that legislators want transparency, accountability and independence in investigations, 鈥渢he key being independence.鈥

Sen. Roz Baker pointed to the well-publicized example of a man shot by Chicago police, an incident videotaped but not released to the public until much later. Baker said she did not want to see Hawaii face a similar controversy.

Murata now has two days to come up with acceptable language, because Friday is the 鈥渇irst lateral鈥 deadline for all bills with more than one committee referral in its originating聽chamber. If a bill has not passed all its committee hearings聽save the final one by then, it is considered dead.

The review board bill unanimously passed the Senate Public Safety, Intergovernmental and Military Affairs Committee. But it was deferred by Judiciary and Labor, which rescheduled decision making for Wednesday.

If the second committee gives it a green light, SB 2196 will have made Friday鈥檚 deadline to make it to its final Senate committee, Ways and Means.

The review board bill was opposed by the Maui County Department of the Prosecuting Attorney but supported by Common Cause Hawaii, which said, 鈥淲e are at a tipping point, where the public is vocally demanding that law enforcement officers must follow the laws they enforce.鈥

Two other measures involving law enforcement and accountability are advancing聽as well at the Legislature.

establishes requirements for body-worn cameras and vehicle cameras for county police departments. The bill passed Public Safety on Wednesday but was amended so that each county police department could adopt written policies for the cameras following guidelines detailed in

SB 2411 now聽awaits a final, joint hearing in before the Senate Judiciary and Labor and Ways and Means, and it has until early聽March for that to happen.聽The fact that it was introduced by the chair of Judiciary and Labor, Sen. Gil Keith-Agaran, suggests that it might well聽receive a hearing.

The body cameras bill was opposed by the State of Hawaii Organization of Police Officers, but supported by the ACLU of Hawaii. The Kauai Police Department also opposed the bill, but mainly because it has聽established its own guidelines.

A third law-enforcement measure, would require the attorney general to create and maintain a public database of all law enforcement officers 鈥渨ho have been terminated from their law enforcement positions, or forced to resign due to criminal activity, improper behavior, or misconduct.鈥

SB 2304, which was introduced by Espero and has Keith-Agaran as a backer, passed Public Safety on Tuesday with amendments from the AG ensuring that the bill conforms with the state鈥檚 Uniform Information Practices Act on public access to government records.

Deputy AG Landon Murata gestures while offering some advice to Sen Roslyn Baker, Sen Will Espero and Chair Clarence Nishihara.
Deputy Attorney General Landon Murata suggests amendments to a bill establishing a law enforcement officer independent review board. Cory Lum/Civil Beat

The bill would also require county police departments, the state Department of Public Safety, the Department of Transportation and the Department of Land and Natural Resources to report all terminations or forced resignations of law enforcement officers to the attorney general within 30 days.

SB 2304 also needs to be heard at a joint Judiciary and Labor and聽Ways and Means hearing, also by the first week in March.

The database bill is supported by the ACLU, which said, 鈥淭his bill, if enacted, would increase law enforcement transparency and accountability, and thereby help to improve the public鈥檚 trust of our police officers.鈥

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