Haw. Rev. Stat. § 139-10

Current through Chapter 253 of the 2024 Legislative Session
Section 139-10 - Law enforcement use of force policies
(a) Any department or agency employing a law enforcement officer shall maintain a policy that provides a minimum standard on the use of force that shall include:
(1) A requirement that law enforcement officers utilize de-escalation techniques, crisis intervention tactics, and other alternatives to force when feasible;
(2) A requirement that a law enforcement officer may only use a level of force that the law enforcement officer reasonably believes is proportional to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance;
(3) A requirement that law enforcement officers report potential excessive force to a superior law enforcement officer when present and observing another law enforcement officer using force that the observing law enforcement officer believes to be beyond that which is necessary, as determined by an objectively reasonable law enforcement officer under the circumstances, based upon the totality of information actually known to the observing law enforcement officer;
(4) Clear and specific guidelines regarding situations in which law enforcement officers may or may not draw a firearm or point a firearm at a person;
(5) A requirement that law enforcement officers consider their surroundings and potential risks to bystanders, to the extent reasonable under the circumstances, before discharging a firearm;
(6) Procedures for the filing, investigation, and reporting of citizen complaints regarding use of force incidents;
(7) A requirement that a law enforcement officer intercede when present and observing another law enforcement officer using force that is clearly beyond that which is necessary, as determined by an objectively reasonable law enforcement officer under the circumstances, taking into account the possibility that other law enforcement officers may have additional information regarding the threat posed by a subject;
(8) Comprehensive and specific guidelines regarding approved methods and devices available for the application of force;
(9) An explicitly stated requirement that law enforcement officers carry out duties, including use of force, in a manner that is fair and unbiased;
(10) Comprehensive and specific guidelines for the application of deadly force;
(11) Comprehensive and detailed requirements for prompt internal reporting and notification regarding a use of force incident;
(12) The role of supervisors in review of use of force applications;
(13) A requirement that law enforcement officers promptly provide, if properly trained, or otherwise promptly procure medical assistance for persons injured in a use of force incident, when reasonable and safe to do so;
(14) Training standards and requirements relating to demonstrated knowledge and understanding of the law enforcement agency's use of force policy by law enforcement officers, investigators, and supervisors;
(15) Training and guidelines regarding vulnerable populations, including children; elderly persons; people who are pregnant; and people having physical, mental, and developmental disabilities;
(16) Comprehensive and specific guidelines under which the discharge of a firearm at or from a moving vehicle may or may not be permitted;
(17) Factors for evaluating and reviewing all use of force incidents;
(18) Minimum training and course titles required to meet the objectives in the use of force policy; and
(19) A requirement for the regular review and updating of the use of force policy to reflect evolving practices and procedures.
(b) Each department or agency employing a law enforcement officer shall make its use of force policy adopted pursuant to this section accessible to the public.
(c) A department or agency's use of force policies and training pursuant to this section may be introduced as evidence in proceedings involving a law enforcement officer's use of force.

HRS § 139-10

Added by L 2023, c 190,§ 1, eff. 1/1/2024.