HB1038 HD1

SECTION 1. The legislature finds that the State faces a persistent threat of targeted violence against government agencies, educational institutions, and public places that present soft targets for lone offenders. Examples of completed, planned, or emerging threats of targeted violence in Hawaii include the 1999 Xerox shooting, the 2019 Pearl Harbor shipyard shooting, the 2019 Diamond Head arson, and the dozens of threats of mass violence received every year against Hawaii schools and universities.

The legislature further finds that targeted violence is preventable. As reported by the United States Secret Service, most attacks on public spaces and schools come from actors who exhibit observable concerning behavior well ahead of committing targeted violence.

Prevention efforts include training, outreach, and education on targeted violence topics; behavioral intervention/threat assessment and management efforts; and referrals to community resources. When state agencies and the public are knowledgeable about the dynamics of targeted violence, the community can mitigate threats through intervention. Hawaii has become a national leader in these prevention efforts, most recently by developing a statewide targeted violence prevention strategy.

However, the legislature further finds that there is a need for more organized targeted violence prevention efforts at the statewide level. Specifically, there needs to be a concerted effort to educate and train state agencies and the public on the phenomenon of targeted violence and how to prevent it. The development of behavioral intervention/threat assessment and management teams in government agencies and the private sector will further this objective by including direct service providers in prevention efforts and promoting collaboration with state agency-based and community-based threat assessment programs. There also needs to be centralized reporting, analysis, and dissemination of threat information between agencies.

The purpose of this Act is to prevent targeted violence by providing outreach, education, and training on targeted violence and targeted violence prevention; technical support for threat assessment; and a centralized mechanism for identifying, analyzing, and disseminating information about threats. This Act seeks to enable information sharing in a way that complies with healthcare and education privacy laws and laws protecting individual privacy rights.

SECTION 2. Chapter 128A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . TARGETED VIOLENCE PREVENTION PROGRAM

§128A- Definitions. In this part, unless context otherwise requires:

"Hazard" includes natural and human-made hazards.

"State agency" means the executive and administrative departments enumerated in chapter 26, legislature, and judiciary.

"System" means the all-threats or all-hazards statewide reporting system established under the office of homeland security.

"Targeted violence" means acts dangerous to human life that are committed in violation of the criminal laws of the United States or any state and that:

(1) Involve a degree of planning;

(2) Involve a pre-identified target, including:

(A) A person based on actual or perceived identity traits or group affiliation; or

(B) Property based on actual or perceived identity traits or group affiliation;

(3) Appear intended to:

(A) Intimidate, coerce, or otherwise impact a broader population beyond the target of the immediate act; or

(B) Generate publicity for the perpetrator or the perpetrator's grievances;

(4) Occur within the jurisdiction of the State; and

(5) Exclude acts of interpersonal violence, street or gang-related crimes, or financially motivated crimes.

"Threat assessment" means a product or process of evaluating information based on a set of criteria for entities, actions, or occurrences, whether natural or human-made, that have or indicate the potential to harm life, information, operations, or property.

§128A- Targeted violence prevention program; established. (a) There is established within the office of homeland security a program to coordinate state efforts to prevent targeted violence.

(b) The office of homeland security shall provide outreach, education, and training to state agencies and the community on the topics of targeted violence and targeted violence prevention efforts.

(c) In consultation with federal, state, and county governmental and private sector agencies, the office of homeland security may provide model guidance for the establishment of threat assessment programs.

§128A- All-threats or all-hazards statewide reporting system; established. (a) There is established within the office of homeland security an all-threats or all-hazards statewide reporting system for the purpose of preventing targeted violence.

(b) The office of homeland security shall be charged with the collection, retention, analysis, and dissemination of data and information reported to the system.

(c) Government agencies, private agencies, or individuals may use the system to report threats of targeted violence or other hazards, or both.

(d) State and county government agencies shall use the system to report all threats of targeted violence, including the following incidents or attempted incidents regardless of whether there is an immediately identifiable direct nexus with targeted violence:

(1) Damage to secure areas of the agency premises;

(2) Theft of government property used to access or secure the agency premises or services;

(3) Fraudulent use of identification to obtain access to the agency premises or services;

(4) Unauthorized entry onto the agency premises;

(5) Theft of controlled substances, hazardous materials, or precursor materials on the agency premises;

(6) Unauthorized access to state information systems;

(7) Weapons found on the agency premises that are prohibited by statute, county ordinance, or agency rule or policy;

(8) Express or implied threats to individually identified persons who are currently present or routinely present on the agency premises, or employed by the agency;

(9) Express or implied threats to damage the agency property in a way that would jeopardize public or staff safety or would interfere with agency operations or both; and

(10) Express or implied threats to commit violence that targets a class of persons belonging to a particular race, nationality, ethnicity, religion, sex, sexual orientation, gender identity or expression, or disability, regardless of whether the violence would otherwise constitute a hate crime.

(e) If any provision of this part, or the application thereof to any person or circumstances, is held invalid, the remainder of this section, or the application of the provision to other persons or circumstances, shall not be affected thereby.

§128A- Privacy. The office of homeland security shall adopt rules that set forth standards for disclosure of personally identifiable information in the system, whether to another state agency, any law enforcement agency, or any other recipient, and shall disseminate such information pursuant to the adopted rules.

§128A- Use and dissemination of data and information. (a) Access to the data and information collected and stored in the system shall be limited to the office of homeland security.

(b) When the threat or hazard reported to the system directly involves a state agency or is a threat against a private individual in their capacity as an employee of that state agency, the office of homeland security may so notify the state agency.

(c) When the threat or hazard reported may constitute a violation of criminal law, the office of homeland security may so notify federal, state, and county law enforcement agencies.

(d) The office of homeland security shall analyze data from the system to help inform an annual statewide threat assessment on general threats to the safety and welfare of the State. At least one version of the annual threat assessment shall be released to the public. The annual threat assessment shall not include personally identifiable information.

(e) The office of homeland security may analyze data from the system to help inform additional threat assessments requested by the office of the governor, legislature, judiciary, or a state agency that has reported information to the system.

§128A- Rules. The office of homeland security shall adopt rules pursuant to chapter 91 to implement this part."

SECTION 3. The office of homeland security may establish two full-time equivalent analyst positions that shall be exempt from chapter 76, Hawaii Revised Statutes.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to carry out the purposes of this Act, including the hiring and sustainment of necessary staff.

The sums appropriated shall be expended by the department of defense for the purposes of this Act.

SECTION 5. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1038
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII