STAND. COM. REP. NO. 2537

Honolulu, Hawaii

RE: S.B. No. 2448

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred S.B. No. 2448 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 Imua Alliance, Uniform Law Commission, Hawaii State Commission on the Status of Women, and two individuals.

Your Committee received testimony in opposition to this measure from the Sex Abuse Treatment Center.

Your Committee finds that the unauthorized disclosure of intimate images can cause significant emotional distress, reputational damage, and economic harm, including barriers to employment and education. Your Committee further finds that criminal remedies under existing law are often insufficient to address these harms and leave many survivors without meaningful recourse. Your Committee also finds that ten jurisdictions have enacted the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, which establishes a civil cause of action for intentional disclosure or threatened disclosure of a private intimate image without consent. By adopting the uniform act, this measure provides a clear civil remedy, including damages and injunctive relief, to promote accountability and provide meaningful recourse for survivors in the State.

Your Committee has amended this measure by:

(1) Amending the definition of "depicted individual" to clarify that the term includes deceased individuals;

(2) Inserting language requiring the court to order a non-prevailing defendant in an action under the measure to:

(A) Cease and desist from further disclosing the intimate image;

(B) Destruct, delete, or return the original and all copies of the intimate image in the defendant's possession, custody, or control to the prevailing plaintiff; and

(C) Identify all persons to whom the defendant disclosed the intimate image;

(3) Inserting language establishing that for a depicted individual who is deceased, or upon the death of a depicted individual:

(A) All rights of the depicted individual under this measure shall vest in the estate of the deceased depicted individual;

(B) The rights vested in the estate may be exercised by the personal representative of the estate in accordance with chapter 560, Hawaii Revised Statutes; and

(C) If no personal representative has been appointed, any person authorized under chapter 560, Hawaii Revised Statutes, to petition for appointment of a personal representative may petition the court for appointment for the limited purpose of exercising the rights under this measure;

(4) Amending the title of the new chapter in the Hawaii Revised Statutes established in the measure to read "Uniform Civil Remedies for Unauthorized Disclosure Of Intimate Images Act (Modified)" to reflect the amendments made to the uniform act;

(5) Inserting an effective date of January 1, 2077, to encourage further discussion; and

(6) 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 Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2448, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2448, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,

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BRANDON J.C. ELEFANTE, Chair