Bills
would fill 'gaps' in existing law to protect police, community
Honolulu,
Hawaiʻi
– The recent tragic incident involving the deaths of two Honolulu Police
Officers last month has highlighted the need to improve mental health care and
ensure we prevent guns from getting into the hands of those suffering from
mental illness.
During
a press conference today, House and Senate legislators, law enforcement
officers and state officials discussed the collaborative effort taking place
this session to consider several bills related to gun violence prevention and
mental health.
"House
and Senate committees this week will be taking up 18 measures in preventing gun
violence. Some of these measures were drafted with the help of the Honolulu
Police Department prior to the tragic events of January 19," said
Representative Gregg Takayama, Chair of the House Public Safety, Veterans &
Military Affairs Committee. "That tragedy has heightened the urgency with
which we are considering measures dealing with gun violence and mental health.
Yes, we have some of the strongest gun laws in the country, but we are constantly
on the lookout for loop holes to improve the safety of our officers and the
public."
"We
have a number of bills we are looking at to ensure the safety of the police and
to ensure public safety," said Senator Clarence K. Nishihara, Chair of the
Senate Public Safety, Intergovernmental, and Military Affairs Committee.
"I am happy to work with my counterparts in the House and with the HPD to
make sure that the right types of protections are there for the police and the
public."
"There
are some at loop holes we are still trying to look at. We have no restrictions
on .50-caliber machine guns. We have not regulated ammunition basically at
all," said Senator Karl Rhoads, Chair of the Senate Judiciary Committee.
"We have no restrictions against having a firearm while a person is drunk.
We are looking into all those things."
"We
are not against responsible gun ownership, but we need to keep them off the
streets and out of the hands of people who are killings our citizens, killing
our police officers," said Honolulu Police Chief Susan Ballard.
"Mental illness is a huge issue for the police department. The mentally
ill cannot make the decisions they need to make. We need to make sure we have
treatment for those type of people whether they are housed, or homeless. Please
don't forget our two officers who died and move these things forward to get the
people in our communities the help that they need."
"The
convening of the Legislature provides a real opportunity for the State to
examine issues that are important to our State and to come up with very
collaborative and comprehensive approaches," said Hawaiʻi Attorney General
Clare E. Connors. "We all have a shared interest here in achieving
something better, in preserving something good, and that is what is represented
by all of us here today."
GUN
VIOLENCE PREVENTION BILLS
Requires a personal representative of a
decedent appointed under the Uniform Probate Code to notify the police
department of the appropriate county of any and all firearms in an
estate. Requires the police department to certify that all firearms in an
estate are properly transferred or disposed of before the estate may close.
Prohibits any person from possessing a
firearm while intoxicated, unless the person is in their own dwelling.
Violation is a petty misdemeanor.
Permits a law enforcement officer to
search a person convicted of violating certain TROs or protective orders,
including the person's motor vehicle and the person's residence for firearms
without obtaining a search warrant if the law enforcement officer has reason to
believe acts of abuse, malicious property damage, or harassment by the person
are imminent.
Makes it a Class C Felony to purchase, manufacture, or otherwise obtain firearm
parts for the purpose of assembling a firearm having no serial number.
Amends certain requirements relating to firearms registration.
Prohibits the manufacture, possession,
sale, barter, trade, gift, transfer, or acquisition of detachable ammunition
magazines with a capacity in excess of ten rounds, regardless of the type of
firearm with which the magazine is compatible. Makes an exception for
possession and use by law enforcement agencies and officers.
Establish the Hawaii Gun Violence
Prevention Center to assist law enforcement, analyze data, and conduct research
necessary to help reduce gun violence. Creates a special fund to support
the Center. Appropriates funds.
Recognizing gaps in Hawaiʻi's mental
health treatment System, the Legislature and key stakeholders are looking to
improve access to community treatment options through criminal justice reforms
to the assisted community treatment process, building out more community and
State capacity options for mental health treatment, and addressing workforce
shortages among mental health, behavioral health workers.
"It
is really quite tragic that our State Hospital has no space for commitment
there," said Representative Joy A. San Buenaventura, Chair House Human
Services & Homelessness Committee. "There are a set of bills to do a
number of things to help with this situation. Those who see the mentally ill
homeless on the streets know we have a mental illness problem here. These
people are being taken off the street but within a few days are back on the
street and they are not being treated. We have a severe shortage of mental
health professionals. We need to incentivize people to get into the mental
health profession."
"The
key in all of this is collaboration," said Senator Rosalyn H. Baker, Chair
Senate Commerce, Consumer Protection, and Health Committee. "We do not
have enough places for people to go and get the help that they need. We can
repurpose spaces to make sure people have an opportunity to have their illness
treated in a stabilized way."
"There
are significant gaps in our health care system that we need to address in order
to prevent a tragedy like we saw last weekend," Edward Mersereau, State
Department of Health, Deputy Director of Behavioral Health Services. "We
can only do that with collaboration."
STRENGTHENING
HAWAII'S MENTAL HEALTH SYSTEM BILLS
Authorizes the courts to enter into
collaborative agreements to divert into residential, rehabilitative, and other
treatment those defendants whose physical or mental disease, disorder or defect
is believed to have become or will become an issue in a judicial case.
Amends the effect of finding a defendant
charged with a misdemeanor or petty misdemeanor not involving violence or
attempted violence unfit to proceed. Amends the requirements for fitness
determination hearings, court-appointed examiners, and examination reports.
·
Highlighted
community capacity & bed capacity bills include:
Requires & appropriates funds for DOH
to establish a continuum of stabilization beds statewide for non-forensic
patients with substance abuse or mental health disorders, or both, by
repurposing unused state facilities.
Requires DOH to establish short-term
residential beds for the purpose of stabilization from mental health conditions
or substance use and to assess patients and triage them to a clinically
appropriate level of care through the Hawaii coordinate access resource entry
system (CARES). Appropriates funds.
·
Highlighted
workforce shortage bills include:
Establishes the behavioral health social
worker scholarship program at UH, which requires recipients of the scholarship
to commit to five years of service with DHS. Appropriates funds.
Requires PSD to establish a mental health
first aid training program that provides mandatory eight-hour sessions
triennially for law enforcement, correctional officers, and other public safety
officials under PSD.
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