Bill > SB2438

This bill establishes a new law in Hawaii, the Hawaii Civil Rights Protection Act, to address interference with constitutional and statutory rights. It defines key terms like "coercion" (using threats, intimidation, or misuse of authority to force someone to act against their legal rights), "intimidation" (conduct causing fear of harm or unlawful restraint to prevent someone from exercising their rights), "threat" (communicated intent to cause harm or damage), and "person" (individuals, businesses, and other legal entities, but generally not government entities acting within their official duties). The bill creates a civil cause of action, meaning individuals or entities can sue those who intentionally or knowingly interfere with protected rights through threats, intimidation, or coercion, even if the interference is done under the guise of official authority. Such lawsuits can be brought by the person whose rights were violated, the Attorney General, or county legal counsel, and can seek remedies like actual damages, court orders to stop the interference (injunctive relief), declarations of rights (declaratory relief), and legal fees. The bill also includes specific protections for speech, stating that speech alone is not a violation unless it constitutes a true threat of violence and causes reasonable fear of imminent harm, and any restrictions on speech must be narrowly tailored. The law is intended to be broadly interpreted to protect civil rights and hold those who interfere accountable.

Budget and Finance, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2438&year=2026