Following a wave of alleged police corruption, criticism and missteps, a state Senate Committee on Tuesday passed an array of measures aimed at providing greater oversight of the Honolulu Police Department and law enforcement in general.
The Senate Committee on Public Safety, Intergovernmental and Military Affairs approved eight measures, including one bill that gives the mayors of each county a say in the removal of a police chief and another that requires officers to obtain consent before conducting a search without a warrant.
An additional proposal to establish minimum standards for law enforcement officers across the state was deferred to another day, but committee chairman Sen. Will Espero (D, Ewa Beach-Iroquois Point) said he expects it to be approved as well.
"I can’t remember any recent Legislative sessions where we looked at so many bills dealing with law enforcement and our police departments," Espero said after Tuesday’s hearing. "Considering there’s a lot in the news locally and nationally regarding our police and their actions and behavior, we feel it’s extremely appropriate to take up these matters."
One bill, SB 677, appears to take aim at Honolulu Police Chief Louis Kealoha, who has come under fire not only for shortcomings in his department, but also for personal issues, including questions about the handling of the alleged theft of his mailbox and a mistrial that followed.
As written, the bill would have given the mayor of each county the authority to remove the chief of police "for good and just cause," but the legislation was modified Tuesday to give each county’s police commission a say in the removal. Currently, the county police commission is the only body that can hire or fire a chief.
"We have to have trust," said Diamond Head resident Nancy Manali-Leonardo, testifying about Kealoha. "And I think some of the actions he has done … has violated that trust. You just need a higher standard of character. I’m sure he’s a nice guy, but he’s not showing a higher standard of character."
Three of the bills address domestic violence in the wake of a backlash against the Honolulu Police Department and a high-profile case involving an off-duty officer captured on video appearing to repeatedly punch a woman.
» SB 396 would allow citizen complaints against a police officer accused of domestic abuse without having them put in writing or sworn to by the complainant. This is intended to encourage victims to come forward.
» SB 388 would require each county police department to post its policies on domestic violence, officer-involved domestic violence and standards of conduct on its official website.
» SB 389 would require county police commissions to have members with backgrounds in equality for women, civil rights and law enforcement. It was approved even though Deputy Attorney General Erin L.S. Yamashiro said it appears the measure violates the Hawaii Constitution because each individual county charter trumps the Legislature on the matter.
Another incident in the news led to SB 1335, which would define "custody" to mean a person who is stopped by or under the control of an officer for official purposes. The measure would also prohibit an officer from making sexual contact during a traffic stop.
In January a state judged dismissed a sexual assault case against a Honolulu police officer accused of groping a teenage girl because the state statute that covers sexual assaults does not define "custody." Officer Kramer Aoki, 35, was accused of placing his hand on the girl’s breast after he stopped her for speeding.
Other police-related bills:
» SB 497 would repeal a privacy exemption within the Uniform Information Practices Act that allows county police officers to keep secret information about misconduct that leads to a suspension. The bill would put police officers on the same footing as other government employees.
» SB 109 would give county police commissions the power to discipline officers. The commissions now can only recommend discipline to the police chief.
» SB 771 would require officers to get consent before searching a person, the person’s belongings, residence or vehicle when conducting a search without a warrant. The law provides an exception for officers who have probable cause that a person is armed and dangerous.
Police officials opposed the bill, saying current law provides more than adequate protection against illegal searches. The proposal, they said, would merely place an undue burden on responding officers.
But Myles Breiner, president of the Hawaii Association of Criminal Defense Lawyers, testified that consent involving search warrants is one of the most litigious area of the law, consuming massive amounts of court time. The bill, he said, would relieve this problem.
"I’m frankly surprised HPD and law enforcement would feel the need to oppose this one. In fact, they would benefit greatly. This is analogous to having body cameras on the officers. Anything that would eliminate litigation and compel people to observe the law, especially regarding the issue of consent to search, benefits everyone," Breiner said.
