SB2568 HD2

THE SENATE	S.B. NO.	2568
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO OFFENSES AGAINST PUBLIC SERVANTS.

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

SECTION 1. The legislature finds that public servants have a unique and vital role in serving and protecting the well-being of the people of the State by providing essential government services and administering programs central to the functioning of the State.

The legislature further finds that public servants, by virtue of their official duties, are exposed to large segments of the public and make decisions or take other actions that affect many populations. This presents unique and heightened safety risks that are not typically encountered in other professions. National and local reports demonstrate a significant and troubling rise in threats, harassment, and violence directed toward public servants, often as a result of decisions made in the performance of their official governmental functions. The escalation of threats and other harassment of public servants undermines the safety of public servants and the public's trust in the institutions that serve them, resulting in increased resignations of public servants, impaired service delivery, and broader negative impacts on communities across the State and the nation.

The legislature also finds that stronger statutory protections are necessary to address harassment and threats that interfere with the performance of official public duties. Although existing laws provide several statutes that could apply to threats and harassment against public servants, including terroristic threatening, obstruction of justice, and obstructing government operations, these offenses have proven difficult for law enforcement to use effectively in cases involving inappropriate communications, threats, or harassment directed at public servants. Law enforcement often downgrades charges or declines to pursue cases under these statutes due to the high evidentiary burden or because the statutory elements do not clearly fit the conduct at issue.

The legislature additionally finds that as a result, many threats and harassing communications are instead charged under the basic harassment statute, which is a petty misdemeanor and requires only proof of intent to harass, annoy, or alarm. The related offense of harassment by stalking applies if there is a pattern of conduct, and may be elevated to a class C felony for repeat offenders. However, these existing penalties may not provide a sufficient deterrent to harmful or disruptive behavior targeting public servants performing their official duties, particularly when the conduct undermines the integrity of government proceedings or the safety of public officials.

Accordingly, the purpose of this Act is to provide stronger protections to safeguard public servants and the effective functioning of government, by elevating the offense of harassment to a misdemeanor when committed against a public servant because of or during their performance of official duties.

SECTION 2. 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 a petty misdemeanor[.], except as provided in subsection (3).

(3) Harassment is a misdemeanor if committed against a public servant because of the public servant's status as a public servant or while the public servant is performing official duties.

(4) For the purposes of this section, "public servant" has the same meaning as in section 710-1000."

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

SECTION 5. This Act shall take effect on July 1, 3000.