RELATING TO OFFENSES AGAINST PUBLIC SERVANTS.

HB2092

HOUSE OF REPRESENTATIVES

H.B. NO.

2092

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO OFFENSES AGAINST PUBLIC SERVANTS
.

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

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SECTION
1.
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The legislature finds that public
servants have a unique and vital role in serving and protecting the well-being
of the people of Hawaii by providing essential government services and
administering programs central to the functioning of the state.

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However,
public servants, by virtue of their official duties, are exposed to large
segments of the public and make decisions or take other actions that affect
many populations.
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This presents unique
and heightened safety risks that are not typically encountered in other
professions.
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National and local reports
demonstrate a significant and troubling rise in threats, harassment, and
violence directed toward public servants, often as a result of decisions made
in the performance of their official governmental functions.
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The escalation of threats and other
harassment of public servants undermines both the safety of public servants and
the public's trust in the institutions that serve them, resulting in increased
resignations of public servants, impaired service delivery, and broader
negative impacts on communities across Hawaii and the nation.

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The
legislature further finds that stronger statutory protections are necessary to
address harassment and threats that interfere with the performance of official
public duties.
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Although the Hawaii
Revised Statutes provides several statutes that could apply to threats and
harassment against public servants � including terroristic threatening under
section 707‑715, obstruction of justice under section 710-1072.5, and
obstructing government operations under section 710-1010 � these
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offenses have proven difficult for law
enforcement to use effectively in cases involving inappropriate communications,
threats, or harassment directed at public servants.
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Law enforcement often downgrades charges or
declines to pursue cases under these statutes due to the high evidentiary
burden or because the statutory elements do not clearly fit the conduct at
issue.

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As a
result, many threats and harassing communications are instead charged under the
basic harassment statute under section 711-1106, Hawaii Revised Statutes, which
is a petty misdemeanor and requires only proof of intent to harass, annoy, or
alarm.
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The related offense of harassment
by stalking under section 711‑1106.5, Hawaii Revised Statutes, applies if
there is a pattern of conduct, and may be elevated to a class C felony for
repeat offenders.
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However, these
existing penalties may not provide a sufficient deterrent to harmful or
disruptive behavior targeting public servants performing their official duties,
particularly when the conduct undermines the integrity of government
proceedings or the safety of public officials.

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Accordingly,
the purpose of this Act is to provide stronger protections to safeguard public
servants and the effective functioning of government, by elevating the offense
of harassment to a misdemeanor when committed against a public servant in
connection with that public servant's performance of a governmental function.

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SECTION
2.
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Chapter 711, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:

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"
�711-
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Harassment
of a public servant.
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(1)
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A person commits the offense of harassment of
a public servant if that person commits the offense of harassment as provided
in section 711-1106 against a public servant in connection with that public
servant's performance of a governmental function.

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(2)
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As used in this section, "public
servant" means:

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(a)
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The governor;

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(b)
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The lieutenant governor;

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(c)
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The administrative director appointed
pursuant to section 26-3;

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(d)
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Any head of a department established under
section 26‑4;

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(e)
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Any member of the legislature;

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(f)
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Any active, formerly active, or retired:

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(i)
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Justice of the Hawaii supreme court;

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(ii)
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Judge of the Hawaii intermediate appellate
court;

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(iii)
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Judge of a Hawaii circuit court or circuit
family court;

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(iv)
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Judge of a Hawaii district court or
district family court; or

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(v)
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Per diem judge of a Hawaii district court
or district family court;

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(g)
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Any active, formerly active, or retired:

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(i)
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Justice of the United States Supreme Court;

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(ii)
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Judge of the United States Court of
Appeals;

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(iii)
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Judge or magistrate judge of the United
States District Court; or

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(iv)
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Judge of the United States Bankruptcy
Court,

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who resides in the State, formerly
resided in the State while serving as a federal judge, or owns real property in
the State;

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(h)
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The administrative director of the courts;

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(i)
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The deputy administrative director of the
courts;

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(j)
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Any probation officer of the state
judiciary; or

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(k)
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Any employee or volunteer of the office of
elections.

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(3)
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Harassment of a public servant is a
misdemeanor.
"

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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION
4.
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New statutory material is
underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Judiciary
Package; Public Servants; Harassment

Description:

Elevates
the offense of harassment to a misdemeanor when committed against certain
public servants in connection with their performance of a governmental
function.

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