HB 2092: Judiciary Package; Public Servants; Harassment

A BILL FOR AN ACT

RELATING TO OFFENSES AGAINST PUBLIC SERVANTS.

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

     SECTION 1.  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.

     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.  This presents unique and heightened safety risks that are not typically encountered in other professions.  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.  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.

     The legislature further finds that stronger statutory protections are necessary to address harassment and threats that interfere with the performance of official public duties.  Although existing law provides several statutes that could apply to threats and harassment against public servants, including terroristic threatening, obstruction of justice, and obstructing government operations, these offenses have proven difficult for law enforcement to use effectively in cases involving inappropriate communications, threats, or harassment directed at public servants.  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.

     As a result, many threats and harassing communications are instead charged under the basic harassment statute, which is a petty misdemeanor and requires only proof of intent to harass, annoy, or alarm.  The related offense of harassment by stalking applies if there is a pattern of conduct, and may be elevated to a class C felony for repeat offenders.  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.

     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.

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

     "§711-     Harassment of a public servant.  (1)  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.

     (2)  As used in this section, "public servant" has the same meaning as in section 710-1000.

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

     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.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Judiciary Package; Public Servants; Harassment

Description:

Elevates the offense of harassment as a misdemeanor when committed against certain public servants in connection with their performance of a governmental function.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO OFFENSES AGAINST PUBLIC SERVANTS.

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

     SECTION 1.  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.

     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.  This presents unique and heightened safety risks that are not typically encountered in other professions.  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.  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.

     The legislature further finds that stronger statutory protections are necessary to address harassment and threats that interfere with the performance of official public duties.  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  offenses have proven difficult for law enforcement to use effectively in cases involving inappropriate communications, threats, or harassment directed at public servants.  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.

     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.  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.  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.

     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.

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

     "§711-     Harassment of a public servant.  (1)  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.

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

     (a)  The governor;

     (b)  The lieutenant governor;

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

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

     (e)  Any member of the legislature;

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

          (i)  Justice of the Hawaii supreme court;

         (ii)  Judge of the Hawaii intermediate appellate court;

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

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

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

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

          (i)  Justice of the United States Supreme Court;

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

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

         (iv)  Judge of the United States Bankruptcy Court,

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

     (h)  The administrative director of the courts;

     (i)  The deputy administrative director of the courts;

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

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

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

     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.

     SECTION 4.  New statutory material is underscored.

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

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.

STAND. COM. REP. NO.  484-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2092

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 2092 entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC SERVANTS,"

begs leave to report as follows:

     The purpose of this measure is to elevate the offense of harassment to a misdemeanor when committed against certain public servants in connection with their performance of a governmental function.

     Your Committee received testimony in support of this measure from the Judiciary; Department of Education; United Public Workers, AFSCME Local 646, AFL-CIO; and University of Hawaii Professional Assembly.  Your Committee received comments on this measure from the Office of the Public Defender; Department of the Prosecuting Attorney of the City and County of Honolulu; and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

     Your Committee finds that public servants increasingly face harassment, threats, and acts of violence as a direct result of performing their official duties, creating safety risks that undermine the effective functioning of government.  National and local reports, along with testimony describing alarming increases in violent and threatening behavior toward government employees, demonstrate that existing criminal statutes are inadequate for addressing lower‑level but harmful conduct such as repeated harassment or escalating intimidation.  Your Committee believes that elevating harassment against a public servant to a misdemeanor will strengthen deterrence and help safeguard public officials so they can continue carrying out essential governmental functions without fear.

     Your Committee has amended this measure by:

     (1)  Changing the definition of "public servant" to include more individuals under this measure;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2092, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2092, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Labor,