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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1895 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to EDUCATIONAL WORKERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the safety and well-being of Hawaii's educational workers are essential to the effective operation of the State's public schools. In recent years, school administrators, teachers, counselors, and other educational staff have experienced severe harassment, intimidation, and disruptive conduct by certain individuals. These types of actions have included persistent threats, hostile communications, and behavior that creates fear, disrupts workflow, and impedes the ability of schools to carry out legally required duties.
The legislature notes that this Act is not intended to restrict good-faith communication, parental advocacy, or participation in school matters. Rather, it addresses extreme conduct that intentionally harasses educational workers or obstructs the functions of a school, school administration office, or school board.
Accordingly, the purpose of this Act is to:
(1) Include the disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment; and
(2) Elevate the penalty for harassment to a misdemeanor when the recipient is an educational worker.
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[.];
or
(g) Disrupts or
interferes with the administration or functions of any school, school
administration office, or school board.
(2)
Harassment is a petty misdemeanor[.] unless the recipient is
an educational worker, in which case it is a misdemeanor.
(3) For the purposes of this section, "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 department of education function."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Penal Code; Harassment; Educational Worker
Description:
Includes the disruption or interference with the administration or functions of any school, school administration office, or school board in the offense of harassment. Elevates the penalty for harassment to a misdemeanor when the recipient is an educational worker.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.