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chapter-353c•Hawaii Revised Statutes, Chapter 353C — Law Enforcement
chapter-353cHaw. Rev. Stat. ch. 353CCodeJan 1, 1989
Division 1. Government — Title 20. Social Services
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
Whenever used in this chapter, unless the context otherwise requires:
"Crisis intervention officer" means a law enforcement officer who has been trained and certified to recognize and communicate with an individual who is in crisis or suffering from some form of impairment, whether from dementia, Alzheimer's disease, or any physical, developmental, cognitive, psychological, or substance use disorder influencing their behavior. Training and certification standards shall be determined with the department of health.
"Department" means the department of law enforcement.
"Director" means the director of law enforcement.
[L 1989, c 211, pt of §6; am L 2022, c 278, §17; am L 2024, c 86, §6]
The director of law enforcement shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state law enforcement programs and homeland security, including the deployment of adequate resources and coordination with county police departments to protect the health and safety of homestead communities on Hawaiian home lands. In the administration of these programs, the director may:
(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;
(2) Train, equip, maintain, and supervise the force of law enforcement officers and other employees of the department;
(3) Serve process both in civil and criminal proceedings;
(4) Perform other duties as may be required by law;
(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of state law enforcement programs; and
(6) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department.
[L 1989, c 211, pt of §6; am L 1991, c 151, §3; am L 2007, c 144, §4; am L 2022, c 278, §11]
The director shall appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department, and one deputy director shall oversee administration of the department.
[L 1989, c 211, pt of §6; am L 2000, c 253, §150; am L 2022, c 278, §12]
(a) The director may appoint employees to be state law enforcement officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.
(b) The director may appoint other personnel necessary to carry out the functions of the department.
(c) The duties of state law enforcement officers shall include conducting law enforcement operations and investigations throughout the State and maintaining public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign. State law enforcement officers shall have all of the powers of police officers, including the power of arrest. This section does not relieve, nor will it diminish, county police officers of any authority or responsibility to enforce laws or to maintain public safety on state lands and in state buildings or in their respective counties.
[L 1989, c 211, pt of §6; am L 1990, c 281, §12; am L 2022, c 278, §13]
[Repealed]
[L 2022, c 278, §30]
(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, which shall include criminal history record checks.
(b) For purposes of this section:
"Prospective staff member" means any applicant for a job in the department that involves the exercise of police powers conferred by the director, including the power to arrest.
"Staff member" means any employee of the department who possesses police powers conferred by the director, including the power of arrest.
(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7, on all staff members and prospective staff members of the department of law enforcement. Prospective staff members shall be fingerprinted and the criminal history record check shall be completed before beginning employment.
(d) The department may deny employment to a prospective staff member who was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds from the prospective staff member's criminal history record that the prospective staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large.
(e) Staff members shall not be subject to termination based on findings in their criminal records except for those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is a fugitive from justice. Staff members shall be subject to termination for crimes other than a minor traffic violation involving a fine of $50 or less, where because of the staff member's conviction record, the staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large.
[L 1992, c 65, §1; am L 1997, c 6, §1; am L 2003, c 95, §11; am L 2022, c 278, §14]
Notwithstanding any other law, rule, or provision to the contrary, law enforcement officers of the department of law enforcement are exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that this exemption shall:
(1) Apply exclusively to state owned law enforcement vehicles assigned to the department of law enforcement; and
(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity.
[L 1992, c 80, §1; am L 2022, c 278, §15]
L 2022, c 278, §§31 to 33.
The department shall pursue and obtain accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc., for all divisions and sections within the department.
[L 2011, c 111, §2; am L 2024, c 131, §3]
[Repealed]
[L 2015, c 101, §4]
(a) For service of process, the director shall maintain a list of independent civil process servers to process:
(1) Orders to show cause pursuant to chapters 603, 604, and 633;
(2) Garnishment pursuant to chapter 652;
(3) Writs of replevin and attachment pursuant to chapter 634;
(4) Writs of possession pursuant to chapters 501 and 666;
(5) Orders for examination pursuant to chapter 636; and
(6) Writs of attachment or execution pursuant to chapter 651.
(b) Any independent civil process server may submit the server's name to the director to be placed on the list; provided that a person shall not be placed on the list if the person:
(1) Is serving a criminal sentence;
(2) Has been convicted of a crime within the previous ten years;
(3) Is required to register as a sex offender;
(4) Is subject to any other legal restriction, including a temporary restraining order, that prevents the person from serving process; or
(5) Cannot provide a copy of a current State of Hawaii general excise tax license.
(c) The department, the State, and the agencies, officers, and employees of the department or the State shall not be responsible or liable for the actions of any independent civil process servers on the list. The maintenance of the list shall not create a private cause of action against the department, the State, or the agencies, officers, and employees of the department or the State.
(d) Placement of a person's name on the list shall not make the person a law enforcement officer, sheriff or deputy sheriff, or an employee or agent of the State.
[L 2021, c 41, §1]
The department shall notify individuals on parole or probation of their eligibility to vote and provide them with information on how to register and vote.
[L 2021, c 213, §3]
There is established within the department a department of law enforcement training center. The center shall provide training and administer certification requirements of all state department of law enforcement personnel who exercise police powers in the State, and be available for all county law enforcement agencies. Such training shall conform to uniform statewide standards set by the law enforcement standards board pursuant to chapter 139. The center shall operate and maintain such facilities as are necessary to conduct training and certification under this section. A new law enforcement complex at the Mililani technology park, Oahu, is also established, to be administered by the department of law enforcement for multi-purpose law enforcement use to consolidate and support:
(1) The respective headquarters and administrative services of the affected functions involved;
(2) Training; and
(3) Related support services and facilities,
as required by law for the department of law enforcement to operate and function.
[L 2022, c 278, §7]
(a) The director shall investigate alleged violations of the law when directed to do so by the governor or when the director determines that an investigation would be in the public interest.
(b) The director, when conducting a civil, administrative, or criminal investigation, may, subject to the privileges enjoyed by all witnesses in the State, subpoena witnesses, examine them under oath, and require the production of any books, papers, documents, or other objects designated therein or any other record however maintained, including those electronically stored that are relevant or material to the investigation.
(c) A subpoena issued under subsection (b):
(1) Shall state the name of the issuing authority and command each person to whom it is directed to attend and give testimony at the time and place specified therein, and may also command the person to whom it is directed to produce books, papers, documents, or other objects specifically designated therein;
(2) May be served by any law enforcement officer as defined in section 139-1 at any place within the State but subject to the jurisdiction of the issuing law enforcement officer serving the subpoena;
(3) Shall require attendance of the witness only in the county wherein the witness is served with the subpoena or at any other place as is agreed upon by the witness and department; provided that, if the subpoena is served in a county other than that in which the witness resides, is employed, or transacts the witness' business in person, the department shall bear the expense of travel by the witness to and attendance at the place named in the subpoena to the same extent as provided by the rules of court; and
(4) Shall contain a short, plain statement of the recipient's rights and the procedure for enforcing and contesting the subpoena.
(d) The department shall pay to a financial institution that is served a subpoena issued under this section a fee for reimbursement of the costs as are necessary and that have been directly incurred in searching for, reproducing, or transporting books, papers, documents, or other objects designated by the subpoena. Reimbursement shall be paid at the rate of $15 per hour for research time and 50 cents per page for reproduction.
(e) Upon application by the attorney general on behalf of the department, a circuit court of the county wherein the witness resides or is found may compel obedience to the subpoena; provided that the court, on motion promptly made, may quash or modify the subpoena if compliance would be unreasonable, oppressive, or violate any privilege the witness may be entitled to exercise in a court proceeding.
(f) Compliance with a subpoena issued pursuant to this section shall not give rise to a civil action for damages by an individual or entity as to whom testimony has been given or books, papers, documents, or other objects provided in compliance with the subpoena.
[L 2024, c 132, §2]
(a) The department shall develop and implement a silver alert program to rapidly disseminate information about a person subject to the silver alert.
(b) If a person is reported missing to a law enforcement agency and that agency determines that the conditions of subsection (g) are met, the agency may request the department to activate a silver alert. If the department concurs that the conditions of subsection (g) are met, the department shall activate a silver alert within the geographical area requested by the investigating law enforcement agency.
(c) Radio, television, cable, and satellite systems are encouraged to, but not required to, cooperate with disseminating the information contained in a silver alert.
(d) Upon activation of a silver alert, the department shall assist the investigating law enforcement agency by issuing a be-on-the-lookout alert, issuing an electronic flyer, or activating a changeable message sign, as permissible.
(e) The department, as permitted, may use the Wireless Emergency Alerts System.
(f) The department, as permitted, may use a changeable message sign if the following conditions are met:
(1) The investigating law enforcement agency determines that a vehicle may be involved in the missing person incident; and
(2) Specific vehicle identification is available for public dissemination.
(g) A law enforcement agency may request from the department that a silver alert be activated if the agency determines that all of the following conditions are met regarding the investigation of the missing person:
(1) The missing person is sixty-five years of age or older, cognitively impaired, or developmentally disabled;
(2) The law enforcement agency has utilized all available local resources;
(3) The law enforcement agency determines that the person has gone missing under unexplained or suspicious circumstances;
(4) The law enforcement agency believes that the missing person is in danger because of age, health, mental or physical disability, or environment or weather conditions; the missing person is in the company of a potentially dangerous person; or there are other factors indicating that the missing person may be in peril; and
(5) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.
(h) For purposes of this section:
"Cognitively impaired" means affected by a cognitive impairment, as defined in section 431:10H-201.
"Developmentally disabled" means affected by a severe, chronic disability of a person that:
(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(2) Is manifested before the person attains age twenty-two;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic sufficiency; and
(5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated.
"Silver alert" means a notification system, activated pursuant to this section, designed to issue and coordinate alerts with respect to a situation that meets the conditions of subsection (g).
[L 2024, c 158, §2]
[Section repealed July 1, 2028. L 2025, c 235, §47.] (a) There shall be established within the department an agricultural enforcement pilot program on the islands of Oahu and Hawaii, to be implemented at the discretion of the deputy director of law enforcement. The department shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1:
(1) An assistant chief, who shall be the administrator of the agricultural enforcement pilot program and shall have charge, direction, and control, subject to the direction or control of the deputy director, of all matters relating to the enforcement of an offense listed in section 708-835.55 involving theft of an agricultural product or commodity and any other matters as determined by the deputy director. The assistant chief shall be an administrator experienced in addressing agricultural theft; and
(2) Personnel, state law enforcement officers, and investigators, including but not limited to state law enforcement officers serving on a voluntary basis without pay.
(b) In addition to all police powers and duties, state law enforcement officers in the agricultural enforcement pilot program shall:
(1) Focus on offenses under sections 708-830.5, 708-831, 708-832, and 708-833 that involve the theft of an agricultural product or commodity;
(2) Gather evidence, conduct investigations, and conduct field observations, as required or assigned;
(3) Cooperate with any enforcement authorities of the federal, state, or county government in the development of programs and mutual aid agreements for agricultural activities within the State; and
(4) Carry out other duties and responsibilities as determined by the deputy director.
(c) The department shall enter into memoranda of agreement with the division of conservation and resources enforcement of the department of land and natural resources and each county police department, as necessary, to effectuate the purposes of this section.
(d) For purposes of this section, "deputy director" means the deputy director of law enforcement.
[L 2025, c 235, §3]
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