SB2438 • 2026

RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS.

Active

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

Sponsor: RHOADS
Last action: 2026-04-27
Official status: Received notice of Senate conferees (Sen. Com. No. 783).
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS.

What This Bill Does

RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS.
AG; Counties; Hawaii Civil Rights Protection Act; Constitutional and Statutory Rights; Civil Remedies; Relief 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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

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

HD1

Hawaii published version HD1

Plain English: SB2438 HD1 THE SENATE S.B.

SB2438 HD1 THE SENATE S.B.
NO.
2438 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII H.D.

SD1

Hawaii published version SD1

Plain English: SB2438 SD1 THE SENATE S.B.

SB2438 SD1 THE SENATE S.B.
NO.
2438 THIRTY-THIRD LEGISLATURE, 2026 S.D.
1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS .

Bill History

2026-04-27 H
Received notice of Senate conferees (Sen. Com. No. 783).
2026-04-27 S
Senate Conferees Appointed: Rhoads Chair; Kanuha Co-Chair; Awa.
2026-04-16 H
Received notice of disagreement (Sen. Com. No. 710).
2026-04-16 S
Senate disagrees with House amendments.
2026-04-16 S
Received from House (Hse. Com. No. 660).
2026-04-14 H
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.
2026-04-10 H
Reported from FIN (Stand. Com. Rep. No. 2162-26), recommending passage on Third Reading.
2026-04-07 H
The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: none; 1 Noes: Representative(s) Alcos; and Excused: none.
2026-04-02 H
Bill scheduled to be heard by FIN on Tuesday, 04-07-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE.
2026-03-25 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with Representative(s) Cochran voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Muraoka, Shimizu voting no (5) and Representative(s) Matsumoto, Perruso excused (2).
2026-03-25 H
Reported from JHA (Stand. Com. Rep. No. 1413-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.
2026-03-18 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 3 Excused: Representative(s) Hashem, Sayama, Cochran.
2026-03-18 H
Re-referred to JHA, FIN, referral sheet 18
2026-03-16 H
Bill scheduled to be heard by JHA on Wednesday, 03-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-03-12 H
Referred to JHA, referral sheet 17
2026-03-12 H
Pass First Reading
2026-03-10 H
Received from Senate (Sen. Com. No. 241) in amended form (SD 1).
2026-03-10 S
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
2026-03-06 S
One Day Notice 03-10-26.
2026-03-06 S
Reported from WAM (Stand. Com. Rep. No. 2968) with recommendation of passage on Third Reading.
2026-03-05 S
The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-03-04 S
The committee(s) on WAM has rescheduled its decision making to 03-05-26 12:04PM; CR 211 & Videoconference.
2026-03-03 S
The committee(s) on WAM will hold a public decision making on 03-05-26 10:15AM; Conference Room 211 & Videoconference.
2026-02-11 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.
2026-02-11 S
Reported from JDC (Stand. Com. Rep. No. 2158) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
2026-02-03 S
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-01-30 S
The committee(s) on JDC has scheduled a public hearing on 02-03-26 9:00AM; Conference Room 016 & Videoconference.
2026-01-28 S
Referred to JDC, WAM.
2026-01-22 S
Passed First Reading.
2026-01-22 S
Introduced.

Official Summary Text

RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS.
AG; Counties; Hawaii Civil Rights Protection Act; Constitutional and Statutory Rights; Civil Remedies; Relief
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)

Current Bill Text

Read the full stored bill text

SB2438

THE SENATE

S.B. NO.

2438

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to civil interference with constitutional and statutory rights
.

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

����
SECTION 1.
�
The
legislature finds that rights guaranteed under the Constitution of the United
States, Constitution of the State of Hawaii, and various federal and state laws
are meaningful only if they are effectively enforceable.
�
The legislature further finds that threats,
intimidation, and coercion, whether those actions are committed by public
officials or private persons, undermine the free exercise and enjoyment of
these rights.

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Accordingly, the purpose of this Act is to
deter interference with civil rights, provide effective civil remedies for such
interference, and promote accountability by authorizing civil actions against
any person who interferes or attempts to interfere with the exercise or
enjoyment of constitutional and statutory rights.

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SECTION 2.
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The Hawaii Revised Statutes is amended by adding a new chapter to title
36 to be appropriately designated and to read as follows:

"
Chapter

civil
interference with constitutional and statutory rights

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-1
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Short title.
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This chapter shall be known and may be cited
as the Hawaii Civil Rights Protection Act.

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-2
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Civil interference with
constitutional or statutory rights.
�

(a)
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Any person who interferes, or
attempts to interfere, with the exercise or enjoyment of any right secured by
the constitution or laws of the United States, or by the constitution or laws
of the State of Hawaii, by threats, intimidation, or coercion, shall be liable in
a civil action under this chapter, regardless of whether the person is acting
under color of law.

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(b)
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A threat, intimidation, or coercion described in subsection (a) may
include conduct inherent in the constitutional or statutory violation itself.

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-3
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Standing; enforcement.
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(a)
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A
civil action under this chapter may be brought by:

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(1)
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Any
aggrieved person;

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(2)
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The
attorney general; or

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(3)
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The
corporation counsel or county attorney of any county.

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(b)
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An action brought by the attorney general, corporation counsel, or
county attorney shall be brought in the name of the State of Hawaii.

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�
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-4
�
Venue.
�
An action under this chapter may be brought
in the circuit court in the circuit where:

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(1)
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The
violation occurred; or

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(2)
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The
defendant resides or has a principal place of business.

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�
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-5
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Remedies.
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(a)
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A plaintiff
who prevails in a civil action under this chapter may obtain one or more of the
following remedies:

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(1)
�
Actual
damages;

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(2)
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Injunctive
relief;

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(3)
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Declaratory
relief; and

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(4)
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Reasonable
attorneys' fees and costs.

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(b)
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The remedies provided by this chapter shall be cumulative and
independent of any other remedy available under law.

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-6
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Speech protections.
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(a)
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Speech
alone shall not constitute a violation of this chapter unless:

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(1)
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The
speech constitutes a true threat of violence against a specific person or group
of persons; and

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(2)
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The
threatened person or group reasonably fears imminent harm.

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(b)
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No order issued under this chapter shall restrict the content of any
person's speech.
�
Any restriction on the
time, place, or manner of speech shall be narrowly tailored and no broader than
reasonably necessary to protect the exercise or enjoyment of constitutional or
statutory rights.

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�
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-7
�
Construction.
�
This chapter shall be liberally construed to
protect constitutional and statutory rights, deter interference with those
rights, promote accountability, and provide effective remedies for a person who
was subjected to the interference or attempted interference.

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�
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-8
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Severability.
�
If any provision of this chapter, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the chapter that
can be given effect without the invalid provision or application, and to this
end the provisions of this chapter are severable."

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SECTION 3.
�

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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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii Civil Rights Protection Act;
Constitutional Rights; Civil
Remedies; Relief; AG; Counties

Description:

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.

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