SB2438 SD1

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 Definitions. As used in this chapter, unless context clearly requires otherwise:

"Coercion" means the use of threats or intimidation or the misuse of authority to compel or induce a person to do or refrain from doing an act the person has a legal right to do or refrain from doing.

"Intimidation" means a conduct or communication that would place a reasonable person in fear of physical harm or unlawful restraint and is undertaken for the purpose of causing the person to refrain from exercising a right protected by the United States Constitution, laws of the United States, or laws of the State.

"Person" means an individual, partnership, association, corporation, limited liability company, or other private legal entity. "Person" does not include the State, any county, or any department, agency, board, commission, officer, or employee of the State or any county acting with the scope of official duties, except to the extent that immunity is expressly waived by the law.

"Threat" means a communicated intent to inflict physical harm, unlawful restraint, or unlawful damage to property that would cause a reasonable person to fear that harm will occur.

§ -3 Civil interference with constitutional or statutory rights. (a) Any person who intentionally or knowingly interferes, or attempts to interfere, with the exercise or enjoyment of any right secured by the United States Constitution or laws of the United States, or by the Hawaii State Constitution or laws of the State, 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.

§ -4 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.

§ -5 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.

§ -6 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.

§ -7 Statute of limitations. (a) An action under this chapter shall be commenced within two years after the date that the cause of action accrued.

(b) an action for injunctive or declaratory relief shall be commenced within two years after accrual; provided that a court may grant prospective relief to prevent threatened future violations when timely sought.

§ -8 Pleading. A complaint brought under this chapter shall state with particularity the facts:

(1) Establishing the specific protected right at issue;

(2) Establishing the threats, intimidation, or coercion used or attempted; and

(3) Supporting the defendant's required state of mind under this chapter.

§ -9 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.

§ -10 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.

§ -11 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.

THE SENATE	S.B. NO.	2438
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII