SB2845 SD1

SECTION 1. The legislature finds that safe access to health care services is vital for the health and safety of all residents of the State. Individuals seeking or providing health care should be able to access health care facilities without fear, intimidation, or any form of harassment. The legislature therefore declares that interference with health care facilities should be prohibited and subject to civil and criminal penalties.

The purpose of this Act is to protect safe and unobstructed access to health care for patients and their providers by prohibiting persons from interfering with another person's access to a health care facility and establishing civil and criminal penalties for violations.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new part to chapter 323 to be appropriately designated and to read as follows:

"Part . interference with Health care facilities

§323- Definitions. As used in this part:

"Aggrieved party" means:

(1) A person who is physically present at a health care facility whose access is or is about to be obstructed or impeded by another person's intentional, knowing, or reckless interference;

(2) A person who is physically present at a health care facility whose care is or is about to be disrupted by another person's intentional, knowing, or reckless interference;

(3) A health care facility and its employees or agents; and

(4) The owner of a health care facility or the building or property upon which the health care facility is located.

"Health care facility" or "facility" has the same meaning as the term "health care facility" as defined in section 323D-2, and includes any buildings or structures in which the facility is located and any associated driveway.

"Health care facility employee" means an officer, director, employee, or agent of a health care facility.

"Health care provider" has the same meaning as defined in section 671-1.

§323- Interference with health care facilities prohibited; exception. Except as otherwise provided under federal or state law, it shall be unlawful for any person, alone or in concert, to intentionally, knowingly, or recklessly interfere with another person's access to or from a health care facility or intentionally, knowingly, or recklessly disrupt the normal functioning of a health care facility by:

(1) Physically obstructing or impeding the free passage of another person seeking to enter or depart from the facility or from the common areas of the real property on which the facility is located;

(2) Making or causing a noise that unreasonably disturbs the peace within the facility or that constitutes a violation of section 342F-30;

(3) Trespassing on the facility or the common areas of the real property upon which the facility is located;

(4) Making or causing repeated telephone calls to a person, including a health care facility employee or health care provider, or a health care facility with the intent to impede access to the person's or health care facility's telephone lines or otherwise disrupt the person's or health care facility's activities; or

(5) Threatening to inflict injury on the owners, agents, patients, employees, or property of the health care facility.

§323- Criminal penalties. (a) In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this part, whether alone or in concert, shall be guilty of a petty misdemeanor and shall be punished as follows:

(1) For a first offense, a fine of not less than $250 and a term of imprisonment of at least twenty-four consecutive hours;

(2) For a second offense, a fine of not less than $750 and a term of imprisonment of at least seven consecutive days; and

(3) For a third or subsequent offense, a fine of not less than $1,000 and a term of imprisonment of not more than thirty consecutive days.

(b) A court having jurisdiction in a criminal proceeding under this chapter, upon motion by an interested party, shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding.

§323- Civil remedies. (a) Any aggrieved party may bring a civil suit against a person or persons who intentionally, knowingly, or recklessly violated this chapter in the district court of the district in which the violation took place to enjoin further violations and recover actual damages sustained. The aggrieved party shall not be required to allege or prove actual damages to prevail.

(b) The court may, in its discretion, increase the award of damages to an amount not to exceed $500, or $5,000 if the aggrieved party is a health care facility, for each day of continued violation. The court may, in its discretion and subject to all applicable federal and state laws, regulations, and rules, issue injunctive relief without bond.

(c) In any action brought under this section, the prevailing party shall be entitled to the recovery of costs of the suit, including court costs and fees and reasonable attorney's fees.

(d) A court having jurisdiction in a civil proceeding under this chapter, upon motion by an interested party, shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding.

(e) The attorney general may bring an action in a court of competent jurisdiction for appropriate injunctive or other equitable relief against any person who is reasonably believed to violate or who is in the course of violating this part.

§323- Enforcement. Enforcement of this part shall be under the concurrent jurisdiction of the attorney general, prosecuting attorneys or deputy prosecuting attorneys of the various counties, and police departments of the various counties.

§323- Remedies and penalties not exclusive. The penalties and remedies provided in this part with respect to any violation of this part shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any violation."

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.	2845
THIRTY-THIRD LEGISLATURE, 2026		S.D. 1
STATE OF HAWAII