THE SENATE

S.B. NO.

2438

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to civil interference with constitutional and statutory rights.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that rights guaranteed under the Constitution of the United States, Constitution of the State of Hawaii, and various federal and state laws are meaningful only if they are effectively enforceable.  The legislature further finds that threats, intimidation, and coercion, whether those actions are committed by public officials or private persons, undermine the free exercise and enjoyment of these rights.

     Accordingly, the purpose of this Act is to deter interference with civil rights, provide effective civil remedies for such interference, and promote accountability by authorizing civil actions against any person who interferes or attempts to interfere with the exercise or enjoyment of constitutional and statutory rights.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 36 to be appropriately designated and to read as follows:

"Chapter

civil interference with constitutional and statutory rights

     §   -1  Short title.  This chapter shall be known and may be cited as the Hawaii Civil Rights Protection Act.

     §   -2  Civil interference with constitutional or statutory rights.  (a)  Any person who interferes, or attempts to interfere, with the exercise or enjoyment of any right secured by the constitution or laws of the United States, or by the constitution or laws of the State of Hawaii, by threats, intimidation, or coercion, shall be liable in a civil action under this chapter, regardless of whether the person is acting under color of law.

     (b)  A threat, intimidation, or coercion described in subsection (a) may include conduct inherent in the constitutional or statutory violation itself.

     §   -3  Standing; enforcement.  (a)  A civil action under this chapter may be brought by:

     (1)  Any aggrieved person;

     (2)  The attorney general; or

     (3)  The corporation counsel or county attorney of any county.

     (b)  An action brought by the attorney general, corporation counsel, or county attorney shall be brought in the name of the State of Hawaii.

     §   -4  Venue.  An action under this chapter may be brought in the circuit court in the circuit where:

     (1)  The violation occurred; or

     (2)  The defendant resides or has a principal place of business.

     §   -5  Remedies.  (a)  A plaintiff who prevails in a civil action under this chapter may obtain one or more of the following remedies:

     (1)  Actual damages;

     (2)  Injunctive relief;

     (3)  Declaratory relief; and

     (4)  Reasonable attorneys' fees and costs.

     (b)  The remedies provided by this chapter shall be cumulative and independent of any other remedy available under law.

     §   -6  Speech protections.  (a)  Speech alone shall not constitute a violation of this chapter unless:

     (1)  The speech constitutes a true threat of violence against a specific person or group of persons; and

     (2)  The threatened person or group reasonably fears imminent harm.

     (b)  No order issued under this chapter shall restrict the content of any person's speech.  Any restriction on the time, place, or manner of speech shall be narrowly tailored and no broader than reasonably necessary to protect the exercise or enjoyment of constitutional or statutory rights.

     §   -7  Construction.  This chapter shall be liberally construed to protect constitutional and statutory rights, deter interference with those rights, promote accountability, and provide effective remedies for a person who was subjected to the interference or attempted interference.

     §   -8  Severability.  If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

Hawaii Civil Rights Protection Act; Constitutional Rights; Civil Remedies; Relief; AG; Counties

 

Description:

Establishes a civil cause of action for interference with constitutional and statutory rights through threats, intimidation, or coercion.  Authorizes private rights of action.  Authorizes actions to be brought by the Attorney General, County Corporation Counsel, or County Attorney.  Authorizes injunctive relief, declaratory relief, and certain monetary relief.  Includes protections for constitutionally protected speech.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.