(a) It shall be the duty of a law enforcement officer who observes 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 to notify the division head of the law enforcement officer who exercised the use of excessive force. The notice shall be submitted in writing immediately or as soon as is practicable after observing the use of excessive force.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 139-11

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement officer: means :
    (1) A police officer employed by a county police department;
    (2) A public safety officer employed by the department of public safety; or
    (3) An employee of the department of transportation, department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers. See Hawaii Revised Statutes 139-1
(b) After receiving written notification, the division head shall complete an investigation pursuant to subsection (c) as soon as practicable and notify the state department deputy director or chief of police of the respective county, as applicable, of the outcome of the investigation in writing.
(c) Any division head who receives a report of use of excessive force under this section shall immediately begin conducting an investigation and reach a timely determination on the merits. If the division head determines that sufficient evidence shows that the law enforcement officer used excessive force, the name of the law enforcement officer who exercised the use of excessive force and act of excessive force shall be disclosed to the state department deputy director or chief of police of the respective county, as applicable. If the division head determines that evidence of use of excessive force is insufficient, the division head shall provide the state department deputy director or chief of police of the respective county, as applicable, with the outcome of the investigation but shall redact any personally identifiable information of the individuals involved in the investigation.
(d) Within fifteen days of receiving written notification of the outcome of the investigation, the state department deputy director or chief of police who received the written notification shall notify the state department director or police commission of the respective county, as applicable, of the outcome of the investigation in writing.
(e) If the department head or division head is the subject of the use of excessive force report, the reporting law enforcement officer shall report to:

(1) In the case of a state department head or division head, the attorney general; or
(2) In the case of a county department head or division head, the police commission of the respective county, who shall be responsible for the investigation.
(f) The attorney general or police commission who receives a report of use of excessive force pursuant to subsection (e) shall begin conducting an investigation as soon as practicable and reach a timely determination on the merits.
(g) No discriminatory, disciplinary, or retaliatory action shall be taken against any reporting law enforcement officer for any information provided or disclosed by the reporting law enforcement officer in good faith in the course of making a report of use of excessive force under this section.
(h) For purposes of this section:

“Department head” means the official or officer having the most managerial or administrative authority in the state department or county agency, including the chief of police.

“Division head” means the official or officer who, subject to the authority of the department head, has the most managerial or administrative authority within a division in the state department or county agency.

“Excessive force” means force that is beyond what is reasonably necessary, as determined by an objectively reasonable law enforcement officer, under the circumstances as actually and reasonably known to the law enforcement officer exercising the force.”

  Previous
Next  
 Chapter 139 Contents