RELATING TO THE PENAL CODE.

Children Crime Education Labor

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: KILA
Last action: 2026-02-18
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Garcia voting no (1) and none excused (0).
Effective date: Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on enforcement or penalties.

Expanding Laws About Threats

This bill changes laws about threatening others to include electronic communications, adds new groups protected from threats, and requires yearly reports on these crimes.

What This Bill Does

Requires the Attorney General's office to send yearly reports to lawmakers about serious threats made against people or property.
Expands the definition of 'terroristic threatening' to cover any form of written or electronic communication, like social media posts or messages.
Makes it a more severe crime (Class B felony) if someone threatens public infrastructure, schools, government agencies, elderly people over 62 years old, children under 18, or disabled individuals.

Who It Names or Affects

People who make threats against others or public infrastructure
Law enforcement and the Attorney General's office

Terms To Know

Terroristic Threatening: A crime where someone threatens to cause harm with the intent to terrorize others or disrupt public order.
Electronic Communication: Any form of communication through electronic means, including social media posts and messages.

Limits and Unknowns

The bill does not affect rights and duties that existed before its approval.
It is unclear how the new laws will be enforced or what specific penalties will apply.
The effective date of July 1, 3000, seems to be a placeholder and may change.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: The amendment adds requirements for reporting terroristic threats and clarifies definitions related to electronic communication and obstructing government operations.

Adds a new section requiring the Department of the Attorney General to submit an annual report on convictions of certain terroristic threatening offenses, including demographic data analysis.
Expands the definition of 'terroristic threatening' to include threats made via social media and other forms of electronic communication.
Clarifies that obstructing government operations does not apply when a person is recording or photographing a law enforcement officer in public places.

The amendment text is complex, and some parts are incomplete or truncated, making it difficult to provide a complete summary of all changes.

Bill History

2026-02-18 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Garcia voting no (1) and none excused (0).
2026-02-18 H
Reported from HSH (Stand. Com. Rep. No. 380-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-10 H
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and Excused: none.
2026-02-05 H
Bill scheduled to be heard by HSH on Tuesday, 02-10-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-01-26 H
Referred to HSH, JHA, referral sheet 1
2026-01-21 H
Introduced and Pass First Reading.
2026-01-20 H
Prefiled.

Official Summary Text

RELATING TO THE PENAL CODE.
AG; Terroristic Threatening; Reports; Electronic Communications; Protected Classes; Obstructing Government Operations; Educational Workers
Requires the Department of the Attorney General to submit annual reports to the Legislature pertaining to the offense of terroristic threatening in the first degree. Expands the definition of "terroristic threatening" to include any form of written or electronic communication. Includes additional protected classes that designate the offense of terroristic threatening in the first degree as a class B felony. Amends the offense of obstructing government operations to include obstructing the performance of a governmental function by an educational worker acting in an official capacity. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1665

HOUSE OF REPRESENTATIVES

H.B. NO.

1665

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to the penal code
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 28, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

����
"
�28-
�
Terroristic
threatening in the first degree; report.
�

The department of the
attorney general shall submit an annual report to the legislature no later than
twenty days prior to the convening of each regular session, beginning with the
regular session of 2027, on the number of convictions of an offense under section
707-716(1)(g) through (k) by the department or the county prosecutors.
�
The department of the attorney general shall
include in its report an equity review and demographic data analysis of the convictions
included in the report.
"

����
SECTION 2.
�
Section 707-715, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�707-715
�
Terroristic
threatening, defined.
�
(1)
�
A person commits the offense of terroristic
threatening if the person threatens, by word or conduct,
including via any
form of written or electronic communication,
to cause bodily injury to
another person or serious damage or harm to property, including the pets or
livestock, of another or to commit a felony:

���
[
(1)
]

(a)
�
With the intent to terrorize, or in reckless
disregard of the risk of terrorizing, another person; or

���
[
(2)
]

(b)
�
With intent to cause, or in reckless
disregard of the risk of causing evacuation of a building, place of assembly,
or facility of public transportation.

����
(2)
�
For the purposes of this section,
"electronic communication" shall have the same meaning as in section
711-1111 and shall include posts made on or messages sent through social media,
as defined in section 200-3.2.
"

����
SECTION 3.
�
Section 707-716, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�707-716
�
Terroristic threatening
in the first degree.
�
(1)
�
A person commits the offense of terroristic
threatening in the first degree if the person commits terroristic threatening:

����
(a)
�
By threatening
another person on more than one occasion for the same or a similar purpose;

����
(b)
�
By threats made in
a common scheme against different persons;

����
(c)
�
Against a public
servant arising out of the performance of the public servant's official
duties.
�
For the purposes of this
paragraph, "public servant" includes but is not limited to an
educational worker.
�
"Educational
worker" has the same meaning as defined in section 707-711;

����
(d)
�
Against any
emergency medical services
provider

who is engaged in the performance of duty.
�

For purposes of this paragraph, "emergency medical services
provider" means emergency
medical services personnel, as defined in section 321-222, and physicians,
physician's assistants, nurses, nurse practitioners, certified registered nurse
anesthetists, respiratory therapists, laboratory technicians, radiology
technicians, and social workers, providing services in the emergency room of a
hospital
;

����
(e)
�
With the use of a
dangerous instrument or a simulated firearm.
�

For purposes of this section, "simulated firearm" means any
object that:

���������
(i)
�
Substantially
resembles a firearm;

��������
(ii)
�
Can reasonably be
perceived to be a firearm; or

�������
(iii)
�
Is used or
brandished as a firearm; [
or
]

����
(f)
�
By threatening a
person who:

���������
(i)
�
The defendant has
been restrained from, by order of any court, including an ex parte order,
contacting, threatening, or physically abusing pursuant to chapter 586; or

��������
(ii)
�
Is being protected
by a police officer ordering the defendant to leave the premises of that
protected person pursuant to section 709-906(4), during the effective period of
that order[
.
]
;

����
(g)
�
Against public
infrastructure, including schools;

����
(h)
�
Against a
federal, state, or county government agency;

����
(i)
�
Against an
elderly person who has attained the age of sixty-two years;

����
(j)
�
Against a child
who is under the age of eighteen; or

����
(k)
�
Against a
disabled person.

����
(2)
�
Terroristic
threatening in the first degree is a class C felony; provided that terroristic
threatening in the first degree is a class B felony if [
committed
]
:

����
(a)
�
Committed

with a firearm as defined in section 134-1, whether the firearm was loaded or
not, and whether operable or not, or a simulated firearm, while in one of the
locations or premises listed in section 134-9.1(a)[
.
]
; or

����
(b)
�
Committed
against a location or person as identified in subsection (1)(g) through (k).

A U.S. military police officer is not
a "public servant" for purposes of this section.
�
552 F. Supp. 2d 1108 (2008).
"

����
SECTION 4.
�

By January 1, 2027, the judiciary shall promulgate rules necessary to
carry out the purpose and intent of sections 707-715 and 707-716, Hawaii
Revised Statutes.

����
SECTION 5.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 7.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Judiciary;
Department of the Attorney General; Terroristic Threatening; Electronic
Communications; Report

Description:

Expands
the definition of "terroristic threatening" to include electronic
communications,

including
posts made on or messages sent through social media.
�
Specifies that terroristic threatening against
public infrastructure, including schools; a federal, state, or county
government agency; an elderly person who has attained the age of sixty-two
years; a child who is under the age of eighteen; or a disabled person is a
Class B felony.
�
Requires annual reports
to the Legislature.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.