SB 3265

THE SENATE
S.B. NO.
3265
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to government ACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The legislature finds that the residents of
Hawaii depend on public schools, health care facilities, courts, and other
government services. �In 2024, Hawaii's
population was estimated at 1,446,146, with 18.1 per cent being foreign-born
and 25.1 per cent aged five and older speaking a language other than English at
home. �During the 2024-2025 school year,
165,340 students were enrolled in department of education public schools and
public charter schools, highlighting the importance of accessible institutions
for all families.
���� The legislature
further finds that certain civil immigration enforcement practices, such as
unidentifiable personnel, unclear authority, and lack of transparency, undermine
public trust and deter access to essential services.� With 20.3 per cent of residents in the State under
the age of eighteen, protecting families' ability to safely attend school, seek
care, access justice, and obtain protection is a core governmental
responsibility.
���� Accordingly,
this Act strengthens due process and community trust by requiring visible
identification for law enforcement, limiting face concealment, ensuring
documented legal authority, establishing service-first standards in sensitive
locations, and enhancing privacy and oversight of immigration-related data
sharing.
���� SECTION
2.� The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"Chapter
LAW
ENFORCEMENT IDENTIFIABILITY
���� �   -1� Definitions.� (a) �As
used in this chapter:
���� "Body
camera" means a video camera that is worn on an individual's body and used
to continuously record activity in front of the wearer.
���� "County"
includes the city and county of Honolulu, county of Hawaii, county of Kauai,
and county of Maui.
���� "Facial
covering" means any opaque mask, garment, helmet, headgear, or other item
that conceals or obscures the facial identity of an individual, including a
balaclava, tactical mask, gaiter, ski mask, and any similar type of facial
covering or face-shielding item.
���� "Facial
covering" shall not include:
���� (1)� A translucent face shield or clear mask that
does not conceal the wearer's facial identity and is used in compliance with applicable
law;
���� (2)� A N95 medical mask or surgical mask to protect
against transmission of disease or infection, or any other mask, helmet, or
device, including air-purifying respirators, full or half masks, or
self-contained breathing apparatus necessary to protect against exposure to any
toxin, gas, smoke, inclement weather, or any other hazardous or harmful
environmental condition;
���� (3)� A mask, helmet, or device, including a
self-contained breathing apparatus, necessary for underwater use;
���� (4)� A motorcycle helmet when worn by a law
enforcement officer using a motorcycle or other vehicle that requires a helmet
for safe operations while in the performance of the officer's duties; and
���� (5)� Eyewear necessary to protect from the use of
retinal weapons, including lasers.
���� "Law
enforcement agency" includes any law enforcement agency of the State, a
county, another state of the United States, or the federal government.
���� "Law
enforcement officer" includes any law enforcement officer of the State, a
county, another state of the United States, or the federal government.
���� "Visibly
identifiable" means for a law enforcement officer to have the officer's
face unobscured and the officer's name or badge or other unique identifier
displayed in a visible manner.
���� �   -2� Law enforcement officer; visibly identifiable.� (a) �Any
law enforcement officer acting under color of law in a public space or on state
or county property shall remain visibly identifiable at all times.
���� (b)� The exceptions to the requirements of
subsection (a) shall be limited to:
���� (1)� Bona fide, active undercover operations or
assignments authorized by supervising personnel or court order; or
���� (2)� Masking for medical or health reasons that is
properly documented.
���� �   -3� Law enforcement officers; facial coverings; prohibited.� No law enforcement officer shall wear a
facial covering that conceals or obscures the officer's face in the performance
of the officer's duties, except as expressly authorized in this chapter.
���� �   -4� Law enforcement apparel and vehicles;
markings.� (a)� During the performance of their duties, law
enforcement officers shall:
���� (1)� Wear apparel; and
���� (2)� Use vehicles,
that bear conspicuous markings of the applicable law
enforcement agency.
���� (b)� The exceptions to the requirements of
subsection (a) shall be limited to bona fide, active undercover operations authorized
by court order.
���� �   -5� Civil law enforcement activity; state or
county participation; state or county property.� All civil law enforcement activity that:
���� (1)� Involves participation by law enforcement
officers of the State or a county; or
���� (2)� Occurs on state or county property,
shall be conducted in a manner that proceeds on
documented, reviewable legal authority and protects due process and judicial
oversight.
���� �   -6� Penalties; remedies.� (a)�
Any wilful and knowing violation of sections    -1
through    -4 by a law enforcement officer shall be punishable
as a misdemeanor.
���� (b)� Notwithstanding any other law, any law
enforcement officer who is found to have committed an assault, battery, false
imprisonment, false arrest, abuse of process, or malicious prosecution against
another individual, while wearing a facial covering in a wilful and knowing
violation of this chapter, shall not be entitled to assert any privilege or
immunity for the officer's tortious conduct against a claim of civil liability,
and shall be liable to that other individual for:
���� (1)� Actual damages; or
���� (2)� Statutory damages of not less than ten thousand
dollars,
whichever is greater.
���� �   -7� Rules.�
The department of law enforcement and police
department of each county shall adopt rules pursuant to chapter 91 to implement
this chapter."
���� SECTION
3.� The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"Chapter
CIVIL IMMIGRATION
ACTIONS; POLICIES AND PROCEDURES; ENFORCEMENT ACTIVITY; DATA
���� �   -1� Service-first spaces.� All judicial facilities; educational
institutions, including schools and early-learning facilities; medical and health
facilities; and homeless shelters shall be deemed service-first spaces and
shall have clear, narrowly tailored procedures with respect to civil
immigration actions.
���� �   -2� State and county agencies;
immigration-related personal data; interagency data exchanges; reporting.� (a)� All
state and county agencies shall adopt policies that limit the collection, retention,
and sharing of immigration-related personal data, unless otherwise required by
law.
���� (b)� All interagency data exchanges between state
agencies, county agencies, or state and county agencies shall operate under
auditable agreements.
���� (c)� At least once per year, all state and county
agencies shall report to the legislature and governor regarding the number of civil-immigration-related
requests for assistance or inquiries that they have received from law
enforcement agencies, including federal agencies, during the previous calendar
year.
���� �   -3� State and county agencies; immigration-based harassment
or threats; policies.� No later than
          , every state and
county agency shall adopt a policy that prohibits immigration-based harassment
or threats, including unwarranted verification of an individual's immigration
status or history, with respect to employment or the provision of services to
the public.
���� �   -4� State and county law enforcement officers; body
cameras; United States Immigration and Customs Enforcement activity; violation;
rules.� (a)� Upon being notified of any immigration
enforcement activity by United States Immigration and Customs Enforcement
agents, state and county law enforcement officers shall monitor such activity
by activating their 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.
���� (b)� Any wilful and knowing violation of this
section by a law enforcement officer shall be punishable as a misdemeanor.
���� (c)� The department of law enforcement and police
department of each county shall adopt rules pursuant to chapter 91 to implement
this section."
���� SECTION 4.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 5.� This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Law Enforcement;
Identifiability; Reviewability; Immigration Actions; Policies; Enforcement
Activity; Data
Description:
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.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.