HB1665

SECTION 1. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28- Terroristic threatening in the first degree; report. The department of the attorney general shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2027, on the number of convictions of an offense under section 707-716(1)(g) through (k) by the department or the county prosecutors. The department of the attorney general shall include in its report an equity review and demographic data analysis of the convictions included in the report."

SECTION 2. Section 707-715, Hawaii Revised Statutes, is amended to read as follows:

"§707-715 Terroristic threatening, defined. (1) A person commits the offense of terroristic threatening if the person threatens, by word or conduct, including via any form of written or electronic communication, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:

[~~(1)~~] (a) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or

[~~(2)~~] (b) With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation.

(2) For the purposes of this section, "electronic communication" shall have the same meaning as in section 711-1111 and shall include posts made on or messages sent through social media, as defined in section 200-3.2."

SECTION 3. Section 707-716, Hawaii Revised Statutes, is amended to read as follows:

"§707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

(a) By threatening another person on more than one occasion for the same or a similar purpose;

(b) By threats made in a common scheme against different persons;

(c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker. "Educational worker" has the same meaning as defined in section 707-711;

(d) Against any emergency medical services provider who is engaged in the performance of duty. For purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

(e) With the use of a dangerous instrument or a simulated firearm. For purposes of this section, "simulated firearm" means any object that:

(i) Substantially resembles a firearm;

(ii) Can reasonably be perceived to be a firearm; or

(iii) Is used or brandished as a firearm; [or]

(f) By threatening a person who:

(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order[.];

(g) Against public infrastructure, including schools;

(h) Against a federal, state, or county government agency;

(i) Against an elderly person who has attained the age of sixty-two years;

(j) Against a child who is under the age of eighteen; or

(k) Against a disabled person.

(2) Terroristic threatening in the first degree is a class C felony; provided that terroristic threatening in the first degree is a class B felony if [~~committed~~]:

(a) Committed with a firearm as defined in section 134-1, whether the firearm was loaded or not, and whether operable or not, or a simulated firearm, while in one of the locations or premises listed in section 134-9.1(a)[.]; or

(b) Committed against a location or person as identified in subsection (1)(g) through (k).

A U.S. military police officer is not a "public servant" for purposes of this section. 552 F. Supp. 2d 1108 (2008)."

SECTION 4. By January 1, 2027, the judiciary shall promulgate rules necessary to carry out the purpose and intent of sections 707-715 and 707-716, Hawaii Revised Statutes.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	1665
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII