STAND. COM. REP. NO. 3742

Honolulu, Hawaii

RE: H.B. No. 1682

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1682, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DISCLOSURE OF INTIMATE IMAGES,"

begs leave to report as follows:

The purpose and intent of this measure is to enact the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

Your Committee received testimony in support of this measure from the Uniform Law Commission, Hawaii State Commission on the Status of Women, Hawaiʻi Women Lawyers, Imua Alliance, Cyber Civil Rights Initiative, The Sex Abuse Treatment Center, and seven individuals.

Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that image-based abuse, including the sharing of intimate images of a person without that person's consent, is a growing issue that is becoming increasingly prevalent due to technological advancements. For many survivors of image-based abuse, the crime does not end at publication. The unauthorized disclosure of intimate images can result in significant emotional distress, reputational damage, and barriers to employment and education. This measure will provide survivors a clear and necessary path to justice, allowing them to reclaim their future and find a pathway to healing.

Your Committee notes that this measure is modeled on the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. Amendments made to this measure depart from the model act's carefully calibrated framework and may raise concerns regarding the clarity, workability, and consistency with the underlying structure of the uniform law. In particular, your Committee notes the concern raised in testimony by the Department of the Attorney General that expanding the scope of the measure beyond authentic intimate images may introduce constitutional and practical concerns not fully addressed by the existing framework. Therefore, your Committee believes that continued consideration should be given as to whether the measure should more closely conform to the model act.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1682, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1682, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair