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HI SB2438

HI SB2438
Relating To Civil Interference With Constitutional And Statutory Rights.


summary

Introduced
01/22/2026
In Committee
04/10/2026
Crossed Over
03/10/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Establishes a civil cause of action for interference with constitutional and statutory rights through threats, intimidation, or coercion. Authorizes private rights of action. Authorizes actions to be brought by the Attorney General, County Corporation Counsel, or County Attorney. Authorizes injunctive relief, declaratory relief, and certain monetary relief. Includes protections for constitutionally protected speech. Effective 7/1/3000. (HD1)

AI Summary

This bill, titled the Hawaii Civil Rights Protection Act, establishes a new civil cause of action to protect constitutional and statutory rights from interference through threats, intimidation, or coercion, defining these terms to include actions that compel or induce someone to act or refrain from acting against their legal rights, or that cause a reasonable person to fear harm or unlawful restraint. It allows any person whose rights are violated, the Attorney General, or county attorneys to bring a civil lawsuit seeking remedies such as actual damages, injunctions (court orders to stop or start an action), declaratory relief (a court's official statement of rights), and attorney fees, with specific protections for speech that is not a true threat of violence or does not cause imminent fear of harm. The bill also clarifies that "person" in this context refers to individuals and private entities, not typically government entities acting within their official duties, and sets a two-year statute of limitations for filing such actions, with an exception for prospective injunctive or declaratory relief to prevent future violations.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Passed Third Reading with Representative(s) Cochran, Iwamoto voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Kong, Matsumoto, Muraoka, Shimizu voting no (7) and Representative(s) Quinlan excused (1). Transmitted to Senate. (on 04/14/2026)

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