STAND. COM. REP. NO. 2885

Honolulu, Hawaii

RE: S.B. No. 2568

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 Judiciary, to which was referred S.B. No. 2568 entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC SERVANTS,"

begs leave to report as follows:

The purpose and intent of this measure is to elevate the offense of harassment to a misdemeanor when committed against certain public servants in connection with their performance of a governmental function.

Your Committee received testimony in support of this measure from the Judiciary; Department of Education; Hawaiʻi State Trial Judges Association; and United Public Workers, AFSCME Local 646, AFL-CIO.

Your Committee received comments on this measure from the Office of the Public Defender; Department of the Prosecuting Attorney of the City and County of Honolulu; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

Your Committee finds that public servants face unique and elevated safety risks, and that threats and harassment against them have recently increased. This rise in harassment is harmful to staff and disrupts the delivery of important government services, with negative consequences for communities across the State. This measure will enhance the security and well-being of public servants and help preserve the reliable delivery of government services.

Your Committee has amended this measure by:

(1) Replacing language that would have established a new offense in chapter 711, Hawaii Revised Statutes (HRS), with language elevating the penalties for the existing offense of harassment in section 711-1106, HRS, if committed against a public servant under certain circumstances;

(2) Specifying that harassment is a misdemeanor if committed against a public servant because of or during the public servant's performance of official duties;

(3) Expanding the definition of "public servant" to include any employee of the federal government, the State, or any county;

(4) Amending section 1 to reflect its amended purpose;

(5) Inserting an effective date of March 22, 2075, 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 Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2568, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2568, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair