HOUSE OF REPRESENTATIVES	H.B. NO.	2092
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII

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 Hawaii by providing essential government services and administering programs central to the functioning of the state.

However, 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 both 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 Hawaii and the nation.

The legislature further finds that stronger statutory protections are necessary to address harassment and threats that interfere with the performance of official public duties. Although existing law provides 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.

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 in connection with that public servant's performance of a governmental function.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§711-    Harassment of a public servant. (1) A person commits the offense of harassment of a public servant if that person commits the offense of harassment as provided in section 711-1106 against a public servant in connection with that public servant's performance of a governmental function.

(2) As used in this section, "public servant" has the same meaning as in section 710-1000.

(3) Harassment of a public servant is a misdemeanor."

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. New statutory material is underscored.

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

Report Title:

Judiciary Package; Public Servants; Harassment

Description:

Elevates the offense of harassment as a misdemeanor when committed against certain public servants in connection with their performance of a governmental function. Effective 7/1/3000. (HD1)

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