HB1888 SD1

PART I

SECTION 1. The legislature finds that department of education employees and state public charter school employees play an important role in shaping the future and ensuring the welfare of the State's children. Increasing safeguards for educational workers who may encounter instances of harassment, and the establishment of a mechanism to address this harassment, is essential to ensuring a secure and conducive environment for educators and students in the State.

The purpose of this part is to provide increased protection for public-facing educational workers, including sports officials, by requiring the department of education and state public charter schools to take certain steps to better address the harassment of educational workers.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).

(b) An educational worker who seeks judicial protection from harassment, including obtaining a temporary restraining order, shall be entitled to a leave of absence with pay to attend court proceedings related to the protection; provided that for those employees included in bargaining units pursuant to section 89-6, leave shall be negotiated pursuant to section 89-9(a). The duration of the leave of absence with pay shall be reasonable and sufficient to allow the educational worker to fulfill their court-related obligations. Paid leave under this subsection may be satisfied through the use of accrued sick leave, vacation leave, administrative leave, or any other paid leave authorized by the employer and shall not require the employer to provide additional paid leave beyond existing leave benefits.

(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);

(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);

(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:

(A) The procedures shall be included in the department's opening of the school year packet provided to all educational workers annually; and

(B) The procedures shall be posted on the department's website;

(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the department shall consider suggestions provided by educational workers in developing the emergency safety plan; and

(5) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.

(d) The department may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).

(e) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.

(f) For the purposes of this section:

"Educational worker" means:

(1) Any specialist, counselor, teacher, sports official, or employee of the department;

(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department; or

(3) A person hired by the department on a contractual basis and engaged in carrying out a department function.

"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker.

"Sports official" has the same meaning as defined in section 706-605.6."

SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302D- Educational workers; protection and workplace safety; harassment; reporting; training. (a) When any educational worker believes that the educational worker is being subjected to harassment, the educational worker may inform the educational worker's immediate supervisor, who shall take appropriate action using the procedures established pursuant to subsection (c).

(1) Conduct a formal investigation of all incidents of harassment reported pursuant to subsection (a);

(2) Report to the proper law enforcement authority, within forty-eight hours, all incidents of harassment reported pursuant to subsection (a);

(3) Implement procedures for the handling of harassment of educational workers, including educational workers excluded from collective bargaining under chapter 89; provided that:

(A) The procedures shall be provided to all educational workers of a public charter school annually; and

(B) The procedures shall be posted on the public charter school's website;

(4) Develop a written emergency safety plan for aiding educational workers who experience potentially harmful situations, including situations involving harassment, in their work areas; provided that the public charter school shall consider suggestions provided by educational workers in developing the emergency safety plan; and

(5) Implement annual training for all educational workers on how to use de-escalation techniques and handle harassment from outside actors.

(d) A public charter school may require an educational worker to work or perform tasks pending a formal investigation initiated pursuant subsection (c).

(e) The attorney general may assist educational workers who are subjected to harassment or intentional bodily injury in obtaining a temporary restraining order.

(f) For the purposes of this section:

"Educational worker" means:

(1) Any specialist, counselor, teacher, sports official, or employee of a public charter school;

(2) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by a public charter school; or

(3) A person hired by a public charter school on a contractual basis and engaged in carrying out a public charter school function.

"Harassment" has the same meaning as provided in section 711-1106 and shall be based on the educational worker's position as an educational worker.

"Sports official" has the same meaning as defined in section 706-605.6."

SECTION 4. Section 605-14, Hawaii Revised Statutes, is amended to read as follows:

"§605-14 Unauthorized practice of law prohibited. It shall be unlawful for any person, firm, association, or corporation to engage in or attempt to engage in or to offer to engage in the practice of law, or to do or attempt to do or offer to do any act constituting the practice of law, except and to the extent that the person, firm, or association is licensed or authorized so to do by an appropriate court, agency, or office or by a statute of the State or of the United States. Nothing in [~~sections 605-14~~] this section to section 605-17 [~~contained~~] shall be construed to prohibit the preparation or use by any party to a transaction of any legal or business form or document used in the transaction[.] or the preparation of any legal form or document for any complainant seeking a temporary restraining order as provided by sections 302A- or 302D- ."

PART II

SECTION 5. Section 706-605.6, Hawaii Revised Statutes, is amended to read as follows:

"§706-605.6 Assault against a sports official. (1) If a person is convicted of the offense of:

(a) Assault in the first degree, as provided by section 707-710;

(b) Assault in the second degree, as provided by section 707-711(1)(a), (b), or (d)[~~, or (n)~~];

(d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or

(e) Terroristic threatening in the second degree, as provided by section 707-717; and

the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense.

(2) For the purposes of this section:

"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

"Sports event" means any organized amateur or professional athletic contest in the State.

"Sports official" means a person at a sports event, including but not limited to a sports event at a public or private school, who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, or a league or school administrator, regardless of whether the person is paid or provides their services as an unpaid volunteer."

SECTION 6. Section 707-710, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:

(a) Serious bodily injury to another person; or

(b) Substantial bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury[.]; or

(i) A sports official who is engaged in the lawful discharge of the sports official's duties; provided that for the purposes of this subparagraph, "sports official" and "lawful discharge of the sports official's duties" have the same meanings as defined in section 706‑605.6; or

(ii) An educational worker who is engaged in the performance of duty or who is within an educational facility; provided that for the purposes of this subparagraph, "educational worker" means:

(A) Any specialist, counselor, teacher, or employee of the department of education or a public charter school;

(B) A person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or

(C) A person hired by the department of education or by a public charter school on a contractual basis and engaged in carrying out a department of education or public charter school function, respectively."

SECTION 7. Section 707-711, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of assault in the second degree if the person:

(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;

(b) Recklessly causes serious bodily injury to another;

(c) Intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;

(d) Intentionally or knowingly causes bodily injury to another with a dangerous instrument;

[~~(e)~~ Intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;

~~(f)~~] (e) Intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty. For the 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;

[~~(g)~~] (f) Intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility. For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;

[~~(h)~~] (g) Intentionally or knowingly causes bodily injury to 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;

[~~(i)~~] (h) Intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;

[~~(j)~~] (i) Intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D‑2. For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" includes health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, and radiology technicians;

[~~(k)~~] (j) Intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201;

[~~(l)~~] (k) Intentionally or knowingly causes bodily injury to a person employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services;

[~~(m)~~] (l) Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury;

[~~(n)~~ Intentionally or knowingly causes bodily injury to a sports official who is engaged in the lawful discharge of the sports official's duties. For the purposes of this paragraph, "sports official" and "lawful discharge of the sports official's duties" have the same meaning as in section 706-605.6;

~~(o)~~] (m) Intentionally or knowingly causes bodily injury to a national guard member who is engaged in the performance of duty. For purposes of this paragraph, "national guard member" means a member of the national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority as provided by law; or

[[~~(p)]~~] (n) Intentionally or knowingly causes bodily injury to any protective services worker who is engaged in the performance of the worker's duties. For purposes of this paragraph, "protective services worker" means any administrator, specialist, social worker, case manager, or aide employed by the department of human services to investigate or provide services in response to reports of child abuse or neglect, or to investigate or provide services in response to reports of abuse or neglect of a vulnerable adult."

PART III

SECTION 8. Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:

"§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;

(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;

(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or

(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.

(2) Harassment [is] shall be a petty misdemeanor[.]; provided that if the victim is an educational worker, harassment shall be a misdemeanor.

(3) For the purposes of this section, "educational worker" means:

(a) Any specialist, counselor, teacher, sports official, or employee of the department of education or a public charter school; provided that for the purposes of this paragraph "sports official" has the same meaning as defined in section 706-605.6;

(b) A person who is a volunteer, as defined in section 90‑1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education or a public charter school; or

(c) A person hired by the department of education or by a public charter school on a contractual basis and engaged in carrying out a department of education or public charter school function, respectively."

PART IV

SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1888
THIRTY-THIRD LEGISLATURE, 2026		H.D. 3
STATE OF HAWAII		S.D. 1