Senate Standing Committee on Public Safety and Military Affairs

Good afternoon. This afternoon we have a variety of agendas on the PSM Committee calendar. So we're going to start with the bills that are on our hearing calendar and then as soon as we have quorum, we will move right into the decision making agendas for bills that were previously heard.

So with that, let us turn to the hearing calendar that we have for today which is starting with. Senate Bill 3040. And first up, I believe we have Department of Law Enforcement is a representative of the Department here. Okay.

If not, we will move to Terianne Mohiden testifying on behalf of Hawaii chapter of Mom Action for Gun Sense. Take your pick.

Aloha. Chair Fukunaga, Vice Chair Lee when he comes. And Members of the Committee, my name is Terianne Mohadin. I live here and I volunteer with the Hawaii chapter of Moms Demand Action for Gun Sense in America. I urge you to support this Bill.

When I turn on the local news, it sounds like we have a gun violence problem. There's a shooting in a parking lot over here. There's a drive by over there. There was a domestic violence incident involving a firearm and now the victim is dead. There was an armed robbery nearby.

There was a road rage incident with a gun. But what's behind, what's the story behind these sound bites? For a couple years now, we have had a group that was trying to work on this, specifically a gun violence and violent crimes commission, but it didn't come up with any of the funding necessary to conduct research.

It met a couple times and at its last meeting voted to end itself and merge into another group. One important thing that we did learn from a 2022 meeting of this commission was that in that meeting police told them that better data could help them better respond to crime.

How often is a person using a gun to commit a crime, not the registered owner? Are there trends in how firearms are moving throughout our state? How many crimes were committed with licensed versus unlicensed firearms? How often are 3D printed guns or ghost guns being used in crimes? Do we have a rise in youth firearm crimes?

What can be done to prevent gun violence here? Can we increase community engagement about it? Can we involve public health voices? Data is not a flashy or exciting thing, but we need an office of Gun Violence Prevention that can get the needed data to our law enforcement in order to keep us all safer.

One that is funded and set up to succeed this time. Mahalo for your consideration.

Thank you very much. Members, we have Michael Rice on Zoom, who is waiter.

Can we vote because we got to. Go back up to.

Oh, okay. We're going to recess this portion of today's hearing and we're going to go back to the decision making agenda. The first Bill on that agenda is Senate Bill 17 and for Members review we did distribute the Chair's decision making recommendations earlier. This Bill is relating to Wildfire Mitigation.

It establishes the Wildfire Mitigation Working Group, requires a report to the Legislature and requires Office of Planning and Sustainable Development to provide administrative support to the working group.

Chair would like to recommend that we pass this measure with amendments proposed by the PUC, Department of Land and Natural Resources, Office of State Planning, OFM, Attorney General and Kamehameha Schools.

Technical non substantive amendments and a blank appropriation and defective date, noting that the report would be to the 2028 legislative session rather than 2027 since this Bill was introduced in 2025. Members, any questions? Comments? Okay. If not, Senator Inouye, you would be so kind as to take the vote?

All right. On S.B. chair's recommendation on the Public Safety and Military Affairs Committee onto SB17 is to pass with amendments. Chair Fukunaga? I vote aye. Vice Chair Lee is excused. Senator Hashimoto? Aye. I will vote aye. Lorraine Inoue, Samantha DeCorte is excused. Measure is adopted.

Madam Chair,

thank you very much. Next measure on the agenda is Senate Bill 2358 relating to search and rescue. This measure was with Waterland Committee as lead. So we will defer this matter for now and turn to the third Bill, Senate Bill 2730 relating.

Okay. Yeah. Thank you. Okay.

Okay. This is relating to criminal justice reform. It was referred joint, I mean refer to the Committee on Public Safety, then to Judiciary and establishes factors under which officers may arrest and detain persons without a warrant for petty misdemeanors and violations. And it requires officers to document the justifications for arrest.

Chair would like to recommend that we pass with an amendment adding a defective effective date. Members, any questions? If not Senator Inouye, if you would take the vote. I vote aye.

Yes. The Committee on Public Safety and Military affairs chairs recommendation on SB2730 is to pass with amendments with three Members present. Any voting with reservations. Any no votes hearing non measures adopted. Ms.

Chair, thank you. The next measure, Senate Bill 2749 relating to sentence seen is a Bill. Another Bill that we heard previously that will be going on to the Senate Judiciary Committee. It's another of those criminal justice reform measures and Chair's recommendation is to pass this measure with a defective effective date. Any questions? Comments?

If not Chair Inouye for the vote? I vote aye.

Thank you. On Committee on Public Safety and Military Affairs, Chair's recommendation to pass SB2749 with amendments. Okay. With three Members present. Any voting with reservations? Any no votes. Measures adopted.

Madame Chair, thank you. Next measure on the agenda is Senate Bill 2688 relating to compassionate release. This measure had quite a bit of testimonies and we know that there is still a lot of discussion that needs to occur.

So Chair is recommending sort of a middle ground at this point to pass the measure with amendments to limit consideration for compassionate release to individuals with a terminal illness or too ill or cognitively impaired to participate in rehabilitation, excluding individuals who have been sentenced to life without the possibility of parole, requiring victim and prosecutor notification, and noting the need for additional staff and funding to Department of Corrections and Rehabilitation to implement the program and adequate healthcare facility placements.

We also have technical, non substantive amendments and a blank appropriation and defective effective date.

Okay, just a second. Chair, where are we?

Senate Bill 2688, which is Y. Yeah, the next item on agenda. Okay.

And with amendments, did you say?

Correct. And yes, we know that there is still a lot of work that needs to occur on this measure. So all of the.

All of the amendments that are being proposed are intended to sort of place us somewhere in the middle, but to really look towards working with both the advocates as well as those who are seeking a lot more restrictive kinds of conditions to work out their differences in the ensuing discussions. Any questions or comments? If not.

Chair's recommendation on SB 2688 is to pass with amendments with three Members present. Any voting with reservations. Any no votes. Measure is adopted, Madam Chair. Thank you.

Last measure on this initial agenda is Senate Bills 2798 relating to law enforcement. This makes the Agricultural Enforcement Pilot program established under Act 2352025 permanent. And chair's recommendation is that we pass this measure with a defective effective date. Any questions? Comments? If not Senator Inoue for the vote.

Chair's recommendation on SB2798 to pass with amendments with three Members present. Any voting with reservations any no votes measures adopted. Madam Chair.

Okay, thank you very much. We'd like to next turn to agenda number two, which includes Senate Bill 2645. It's a short form Bill which is being amended to a proposed SD1 to enable further discussion on amendments to Act 302. This Bill is a short form measure.

It would replace two full time equivalent positions for fire inspectors and three full time equivalent positions for Fire inspectors with four full time equivalent positions for assistant fire inspectors. Did we give you the correct.

Yeah. 2644. Yes. Okay.

Recommendation result. Okay, let me just kind of backtrack a little bit. The purpose of this decision making is to insert substantive provisions into a short form Bill and to recommit the Bill back to the Committee on Public Safety and Military affairs so that a public hearing can be scheduled at a later time.

So I gave you the description on the Bill, and the recommendation is to pass Senate Bill 2645 with amendments by inserting the provisions of the proposed SD1 into the Bill. Members, any question? zero, and to recommit to the Committee on Public Safety and Military Affairs, Chair's.

Recommendation on SB 2645 is to pass with amendments with three Members present. Any voting with reservations? Any no votes? Measure is adopted, Madam Chair.

Okay. Thank you very much, Members. We're going to return now to the hearing agenda. ...

Oh, we have two more. ...

Oh, okay, 23. Okay. My apologies, Member. I skipped over three bills on the first agenda. The next Bill on that first agenda was Senate Bill 2383, and this one was relating to law enforcement. It requires the Department of Law Enforcement to provide a 15,000 retention bonus to all eligible sworn law enforcement officers.

And we had two measures that the Committee previously reported out. We subsequently learned that this measure was a duplicate. So we are reconsidering to hold this Bill in Committee. Okay. Next on the agenda is Senate Bill 2575 relating to firearms. And this was one of the measures that we have distributed a proposed SD1 to the Members.

Sure. Are you voting? Are you deferring? You guys voted on it already. So you guys are reconsidering your original action to pass. Okay.

Okay. So the vote is to hold.

Yeah, but you need to take a hold. Madam Chair

Okay. All right. Okay. Thank you, Senator Inoue.

Okay. All right. Chair's recommendation on SB 2383 is to pass with amendments. However, we will be voting on holding this measure with three Members present. Any voting with reservations. Any no votes? Measure is adopted, Madam Chair.

Okay, thank you.

For 20 Senate Bill 2575 relating to firearms. This Bill was heard, I believe, on January 28th or February 2nd. And we have distributed a proposed SD1 to the Members which establishes mandatory minimum terms of imprisonment for certain class A felonies involving firearms.

The clarifications that the SD1 draft makes is to kind of clarify the possession of illegal substances such as methamphetamine and a few other clarifying conditions. So in the discussion that we had. I believe this issue was brought up.

So Members, if are there any questions, your recommendation recommendation is to pass with amendments to adopt the SD1 draft that you have before you.

Okay. Chair's recommendation on SB 2575 to pass with amendments with three Members present. Any voting with reservations. Any no votes Hearing None. Vice Chair for the yes. Yes. Yes. Okay. The measure is adopted with three Members present.

Okay. The last Bill on this first agenda is Senate Bill 2720 relating to firearms. This measure established a Hawaii Firearm Injury Restitution Fund funded by licenses to firearm manufacturers as a condition of market participation. It's kind of like a no fault Fund that would help pay for medical injuries suffered by victims.

And we have proposed an SD one that clarifies the scope of the Fund and the injuries that are received to better classify, you know, those that would be eligible for this assistance. ...

Chair's recommendation on SB2720 is to pass with amendments. Okay. With three Members present. Any voting with reservations. Any no votes? Measure is adopted, Madam Chair.

Okay. Thank you very much.

Okay. Turning back to the 3:00pm hearing schedule, we were on Senate Bill 3040 and we had last heard from Hawaii Chapter Moms Demand Action for Gun Sense in Hawaii. So Mr. Rice, thank you for waiting patiently. Please proceed.

Aloha. Mike Rice speaking in opposition against this Bill Commission like these are always stacked against guns and lawful gun owners. Anti gun groups always dominate and get positions from these groups. They always like twist statistics and facts to their liking like how I'm sure you've kept hearing and hearing the leading cause of death in children is guns.

When that's been disproven then they and they've had to change death of children and teens.

Of course they always say in teens quietly and there's even been times when these anti gun groups have gone against, you know, good programs like the something called the Oakland Ceasefire which was which reduced gun violence in Oakland by 50% while it was active.

And in nine other cities where it was tried it reduced from 30 to 60%. Now Gifford's Law center is credited with ending the Oakland gun. I'm sorry the Oakland Ceasefire.

Early then a lot of rumor and speculation has been because it's because it reduced gun violence so much without having to pass any new gun laws or having to do any confiscations or any buybacks. They did this by having youth outreach programs for at risk youth and mentorship programs as well as targeted enforcement against gang Members.

And you know, like I'm not saying overnight but within a year 50% reduction. I'm sure if. If I told you I could reduce the homelessness by 50%, you'd want to hear what I have to say. Unless it was something like a modest proposal. See, I believe that's all I wanted to add. Thank you very much.

Thank you so much, Mr. Rice. Next we have testifying on Zoom, Jason Walford. Is Mr. Walford present? Not present on Zoom. Chair Chester Holt on Zoom. Also not available on Zoom. Chair Kyla Rink on Zoom. Not present on Zoom. Chair Jerry Yuen on Zoom. Is Mr. Yuen present on Zoom? Currently unavailable on Zoom.

Okay, next we have Kevin Cole on Excuse me, Chair. He is present on Zoom. Okay, please proceed, Mr. Yuen.

Hello, can you hear me?

Yes, we can hear you.

Yes, I'm Jerry Yuen from the Pulo Rifle and Pistol Club. So what I don't like about this Bill, it usually paints violence in General as belonging to just guns. So this Committee now is going to become office with a Director specifically looking at guns. And this will not reduce violent crime in the least. You're looking at.

You're looking in the wrong place when you're looking at violent crime. It's not the guns. It's more the social, economic factors, and that's what people need to look into. Many of these crimes that have been done with guns are usually done by criminals who are repeat offenders.

And most police officers will tell you if you can get these people off the street and put them away, they won't re offend until they get out again. Problem is it's a catch and release kind of thing they've been doing. So once somebody gets arrested, they get processed, they give them the court date, they let them go.

What I'm saying is you have to look at holistically and not just at the guns. Also, this commission, which was made, was it 34 years ago, nobody reached out to the gun community to take part in this commission, even though part of that commission's charter was there, was supposed to have representation from the gun community.

So Hawaii Firearms Coalition ... and the HRA Rifle Associations, I don't believe either of them were contacted regarding taking part of this Committee, subject to your questions.

Okay, thank you very much for your testimony. Next we have Kevin Cole on Zoom as well. Not present on Zoom. Chair Clayton Kubo also not present on Zoom. Chair John Terry in person. Okay. If not, Dennis Dunn on Zoom. Good afternoon.

Good afternoon, Chair Fukanoga, Members of the Committee. I am testifying as an individual today and in large part from my experience of almost 50 years of working with crime victims.

The recent incidents of gun violence in Hawaii have shaken our complacency as a location that seems has seen little of the extremes of gun violence that plague continental US as in Hawaii.

As we in Hawaii struggle to develop effective strategies to stem the growing tide of gun violence, we need to cross disciplinary data policy development to serve as the basis for a proactive gun violence prevention measure. The Office of Gun Violence Prevention is envisioned as a primary source.

Data gathering and analysis can provide the Governor, state departments, the Legislature with the need needed leadership to effectuate legislation and policies that aimed at reducing gun violence in Hawaii. The gun violence, you know, obviously is devastating for the victims and their families, but it affects all of us.

And contrary to some of the concerns of those who oppose this measure, the purpose of the office is to the eliminate gun violence, not guns. And secondly, a lot of the complaints that I've heard are about the previous commission, which we're doing away with.

So we're setting up a new office, clean slate, and the focus is on gun violence. All of us can participate and appreciate the need to do that and work together. So I thank you for the opportunity to testify.

Please allow us to have this new important tool to assist in our struggle to eliminate gun violence in Hawaii and vote to Support Senate Bill 3040. Thank you for your time and consideration.

Thank you very much, Mr. Dunn. I believe we now have Jason Wolford available. Please proceed. Mr. Wolford, fortunately. Are you Jerry?

No, this is Jason Wolford.

Oh, I'm sorry. Jason Wolford.

Yes. I'm testifying today. As Jerry has stated, this commission, it's. This new commission is, you know, duplicating. There's no real oversight for this is my opposition. And the fact that the Members of the community that were supposed to be involved in this, as well as the firearms community is not going to have any say in this.

And this leaves one Committee, one Committee with no oversight or input from anybody in the firearms community. It creates too much bureaucracy and just lack of oversight. I feel that there's.