Criminal Justice (Law Enforcement)

Includes correctional workers as protected participants in peer support counseling sessions, giving them the same confidentiality protections provided to law enforcement officers and emergency services personnel.

Prohibits law enforcement agencies and law enforcement officers from using biometric surveillance technology in the State unless certain conditions are met.

Requires the Director of Law Enforcement to adopt rules establishing training and certification standards and procedures for crisis intervention officers. Clarifies the scope of treatment allowable under orders for assisted community treatment. Requires the Department of the Attorney general to assist with the preparation, filing, and presentation of any request for a court or administrative order authorizing treatment over the objection of certain patients.

Requires any law enforcement officer acting under color of law in a public space or on state or county property to remain visibly identifiable. Prohibits law enforcement officers from wearing facial coverings while performing their duties, with certain exceptions. Requires law enforcement officers to wear apparel and use vehicles that bear conspicuous markings of the applicable law enforcement agency. Requires all civil law enforcement activity that involves participation by state or county law enforcement officers or occurs on state or county property to be conducted in a manner that adheres to specified standards. Deems certain locations to be service-first spaces and requires them to have clear, narrowly tailored procedures with respect to civil immigration actions. Requires all state and county agencies to adopt policies that limit the collection, retention, and sharing of immigration-related personal data. Requires all interagency data exchanges between state agencies, county agencies, or state and county agencies to operate under auditable agreements. Requires all state and county agencies to report annually to the Legislature and Governor regarding the civil-immigration-related requests. Requires every state and county agency to adopt a policy that prohibits immigration-based harassment or threats, including unwarranted verification of an individual's immigration status, with respect to employment or the provision of services to the public. Requires all state and county law enforcement officers to monitor civil immigration enforcement activity by activating body cameras when present in a situation in which United States Immigration and Customs Enforcement agents are interacting with a member of the general public.

SB 2516 creates a new penalty system for obstructing criminal investigations, directly affecting individuals who interfere with law enforcement (e.g., witnesses lying or defendants tampering with evidence). It replaces a flat penalty with a "gradient structure," meaning punishments increase based on the severity of the original crime being obstructed. For example, hindering a murder investigation would carry a harsher penalty than obstructing a minor traffic violation case. This change aims to make sentencing more proportional to the seriousness of the underlying offense.

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

Prohibits excited delirium from being recognized as a valid medical diagnosis or cause of death in the State. Prohibits a medical examiner, coroner, or health care provider from stating on a certificate of death or in any report that the cause of death was excited delirium. Prohibits law enforcement officers from using the term excited delirium to describe an individual in an incident report. Establishes a new Hawaii Rule of Evidence that deems evidence that a person experienced or suffered an excited delirium inadmissible in a civil action. Effective 7/1/3000. (HD2)

SB 2919 appropriates funds to hire one full-time equivalent Deputy Public Defender III position within the Office of the Public Defender. This bill directly affects the Office of the Public Defender by providing dedicated staffing resources for their operations. The key provision is the allocation of state funds specifically for this new staff role, which would support the office's capacity to represent indigent defendants in court. The bill does not create new legal requirements or change existing laws, focusing solely on budgetary support for personnel.

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. Requires the Hawaii Crime Lab to collect and publish incident-level information and an annual report on the data collected. Requires the Department of the Attorney General to adopt rules, in coordination with the Hawaii Crime Lab.

By 1/1/2027, requires all law enforcement agencies in the State to maintain a policy on the visible identification of law enforcement officers. Requires law enforcement agencies to maintain confidential, accurate records documenting each officer's adherence to the agency's visible identification policy. Prohibits state and county law enforcement agencies from assisting any law enforcement operation conducted by a federal law enforcement agency that fails or refuses to maintain a policy on the visible identification of law enforcement officers that meets the standards of state law. By 1/1/2027, requires state and county law enforcement agencies to maintain a policy on the minimum requirements to cooperate with a federal law enforcement agency enforcing federal immigration laws in the State.