HONOLULU — The state Senate moved forward Wednesday with a new measure that would require law enforcement officers to intervene if they believe another officer is using unnecessary or excessive force during an arrest.
The Senate judiciary committee recommended Senate Bill 372 Senate Draft 1 for passage on a 3-1 vote.
Sens. Karl Rhoads, Mike Gabbard and Brandon Elefante voted in favor of recommending the bill without amendments. Sen. Brenton Awa was the lone dissenting vote.
In addition to intervening, officers would be required to report the incident to the fellow officer’s supervisor. The bill also calls for departments to submit annual reports to the legislature.
SB 372 advanced despite opposition from the police union.
In written testimony to the committee, the State of Hawaii Organization of Police Officers argued that the bill does not take into account “inherent dangers involved with our jobs and the dynamics of making split second life and death decisions under extreme duress” or consider existing safeguards against the use of excessive force.
“The bill under consideration takes the focus off the criminals who are breaking the law, resisting arrest, or trying to escape, and places the focus squarely on our police officers who are doing their best to apprehend and arrest criminals in our communities,” wrote SHOPO president Bobby Cavaco. “Rather than keeping the emphasis on apprehending the criminal suspect, this bill redirects the officer’s attention away from the suspect and directs it toward the other officers at the scene who must now second guess what the other officers are doing relating to the use of force. This may cause an officer to prematurely intervene, thus escalating a situation and making a dangerous situation even more dangerous for the officers involved.”
Cavaco noted that county police departments already have policies that require officers to provide detailed reports when force is used in the field or to make an arrest. He further took issue with a provision of the bill that requires disclosure of disciplinary action against an offending officer before the grievance process has concluded.
“In fairness to our officers and to avoid undermining our officers constitutionally protected collective bargaining right embodied in Article 13 of the Hawaii Constitution, the disclosure of any disciplinary action should be limited to suspensions or terminations and should only be disclosed after the grievance process has concluded,” Cavaco stated. “This would also be consistent with HRS § 92F-14. The rationale is that if a grievance is sustained, the disciplinary action at issue may be completely overturned and/or modified. Thus, disclosing the discipline before the grievance is final would be premature.”
At an earlier Senate Committee on Public Safety and Intergovernmental and Military Affairs hearing, the Honolulu, Hawaii County and Kauai County police departments each submitted testimony in support of the bill. The departments each noted similar safeguards written into their own department policies.
“Hundreds of thousands of law enforcement officers across this nation, including thousands serving within the state of Hawaii, do so professionally, honorably, and with restraint when faced with situations that require the use of force,” Kauai Police Chief Todd Raybuck testified. “Tragically, some law enforcement officers have violated the public’s trust, abused their authority, and shown a blatant disregard for the sanctity of life. The acts of these few officers have tarnished the image of all the noble men and women that sacrifice and serve their communities daily.
“The policy of the Kauai Police Department requires employees, regardless of rank, observing another employee using force that is beyond what is justified and reasonable to intervene, when in a safe position to do so,” Raybuck said. “The employee is required to promptly report the observations and the efforts made to intervene to a supervisor and submit a written report of the incident through the chain of command. Senate Bill 372 complements the Kauai Police Department’s policy and commitment to prevent and intercede in the unjustified use of excessive force against members of the community.”
The Kauai prosecutor’s office also testified in support of the bill, noting that its reporting requirements would enhance transparency and trust in law enforcement.
“Lack of accountability for police misconduct undermines the integrity of the entire criminal legal system,” the office stated in written testimony. “Transparency with the public about when excessive force is used along with use of tools like body-worn cameras builds confidence that law enforcement is acting with integrity. Our Office has the privilege and honor of working with officers who exemplify professionalism and restraint in life-threatening and stressful situations. We are confident keeping an annual log of excessive use of force will indicate this.”
The initial draft of the bill called for officers to intervene if they reasonably believe another officer is about to use unnecessary or excessive force. At the request of Capt. Manuel Hernandez of HPD’s training division, language was removed, so intervention would only be required if an officer witnesses another officer actually engaged in unnecessary or excessive force.
Michael Tsai covers local and state politics for Spectrum News Hawaii. Email him at michael.tsai@charter.com