SB 2845: Health Care Facilities; Interference; Disruption; Petty Misdemeanor; Private Right of Action; Civil Remedies; Criminal Penalties; Attorney General

A BILL FOR AN ACT

RELATING TO HEALTH CARE.

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

     SECTION 1.  The legislature finds that safe access to health care services is vital for the health and safety of all residents of the State.  Individuals seeking or providing health care should be able to access health care facilities without fear, intimidation, or any form of harassment.  The legislature therefore declares that interference with health care facilities should be prohibited and subject to civil and criminal penalties.

     The purpose of this Act is to protect safe and unobstructed access to health care for patients and their providers by prohibiting persons from interfering with another person's access to a health care facility and establishing civil and criminal penalties for violations.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new part to chapter 323 to be appropriately designated and to read as follows:

"Part     .  interference with Health care facilities

     §323-     Definitions.  As used in this part:

     "Aggrieved party" means:

     (1)  A person who is physically present at a health care facility whose access is or is about to be obstructed or impeded by another person's intentional, knowing, or reckless interference;

     (2)  A person who is physically present at a health care facility whose care is or is about to be disrupted by another person's intentional, knowing, or reckless interference;

     (3)  A health care facility and its employees or agents; and

     (4)  The owner of a health care facility or the building or property upon which the health care facility is located.

     "Health care facility" or "facility" has the same meaning as the term "health care facility" as defined in section 323D-2, and includes any buildings or structures in which the facility is located and any associated driveway.

     "Health care facility employee" means an officer, director, employee, or agent of a health care facility.

     "Health care provider" has the same meaning as defined in section 671-1.

     §323-     Interference with health care facilities prohibited; exception.  Except as otherwise provided under federal or state law, it shall be unlawful for any person, alone or in concert, to intentionally, knowingly, or recklessly interfere with another person's access to or from a health care facility or intentionally, knowingly, or recklessly disrupt the normal functioning of a health care facility by:

     (1)  Physically obstructing or impeding the free passage of another person seeking to enter or depart from the facility or from the common areas of the real property on which the facility is located;

     (2)  Making or causing a noise that unreasonably disturbs the peace within the facility or that constitutes a violation of section 342F-30;

     (3)  Trespassing on the facility or the common areas of the real property upon which the facility is located;

     (4)  Making or causing repeated telephone calls to a person, including a health care facility employee or health care provider, or a health care facility with the intent to impede access to the person's or health care facility's telephone lines or otherwise disrupt the person's or health care facility's activities; or

     (5)  Threatening to inflict injury on the owners, agents, patients, employees, or property of the health care facility.

     §323-     Criminal penalties.  (a)  In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this part, whether alone or in concert, shall be guilty of a petty misdemeanor and shall be punished as follows:

     (1)  For a first offense, a fine of not less than $250 and a term of imprisonment of at least twenty-four consecutive hours;

     (2)  For a second offense, a fine of not less than $750 and a term of imprisonment of at least seven consecutive days; and

     (3)  For a third or subsequent offense, a fine of not less than $1,000 and a term of imprisonment of not more than thirty consecutive days.

     (b)  A court having jurisdiction in a criminal proceeding under this chapter, upon motion by an interested party, shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding.

     (c)  For the purposes of this section, "person" means a person eighteen years of age or older.

     §323-     Civil remedies.  (a)  Any aggrieved party may bring a civil suit against a person or persons who intentionally, knowingly, or recklessly violated this chapter in the district court of the district in which the violation took place to enjoin further violations and recover actual damages sustained.  The aggrieved party shall not be required to allege or prove actual damages to prevail.

     (b)  The court may, in its discretion, increase the award of damages to an amount not to exceed $500, or $5,000 if the aggrieved party is a health care facility, for each day of continued violation.  The court may, in its discretion and subject to all applicable federal and state laws, regulations, and rules, issue injunctive relief without bond.

     (c)  In any action brought under this section, the prevailing party shall be entitled to the recovery of costs of the suit, including court costs and fees and reasonable attorney's fees.

     (d)  A court having jurisdiction in a civil proceeding under this chapter, upon motion by an interested party, shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding.

     (e)  The attorney general may bring an action in a court of competent jurisdiction for appropriate injunctive or other equitable relief against any person who is reasonably believed to violate or who is in the course of violating this part.

     §323-     Enforcement.  Enforcement of this part shall be under the concurrent jurisdiction of the attorney general, prosecuting attorneys or deputy prosecuting attorneys of the various counties, and police departments of the various counties.

     §323-     Remedies and penalties not exclusive.  The penalties and remedies provided in this part with respect to any violation of this part shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any violation."

     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.  This Act shall take effect upon its approval.

Report Title:

Health Care Facilities; Interference; Disruption; Petty Misdemeanor; Private Right of Action; Civil Remedies; Criminal Penalties; Attorney General

Description:

Prohibits persons from interfering with another person's access to or from a health care facility or disrupting the normal functioning of a health care facility.  Makes violations a petty misdemeanor.  Establishes a private right of action for individuals and health care facilities harmed as a result of interference with a health care facility.  Authorizes the Attorney General to bring an action for injunctive or other equitable relief.  (SD1)

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 health care.

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

     SECTION 1.  The legislature finds that safe access to health care services is vital for the health and safety of all residents of the State.  Individuals seeking or providing health care should be able to access health care facilities without fear, intimidation, or any form of harassment.  The legislature therefore declares that interference with health care facilities should be prohibited and subject to civil and criminal penalties.

     The purpose of this Act is to protect safe and unobstructed access to health care for patients and their providers by prohibiting persons from interfering with another person's access to a health care facility and establishing civil and criminal penalties for violations.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 19 to be appropriately designated and to read as follows:

"Chapter

interference with Health care facilities

     §323-     Definitions.  For the purposes of this chapter:

     "Aggrieved party" means:

     (1)  A person who is physically present at a health care facility whose access is or is about to be obstructed or impeded by another person's intentional, knowing, or reckless interference;

     (2)  A person who is physically present at a health care facility whose care is or is about to be disrupted by another person's intentional, knowing, or reckless interference;

     (3)  A health care facility and its employees or agents; and

     (4)  The owner of a health care facility or the building or property upon which the health care facility is located.

     "Health care facility" or "facility" has the same meaning as in section 323D-2 and includes any buildings or structures in which the facility is located and any associated driveway.

     "Health care facility employee" means an officer, director, employee, or agent of a health care facility.

     "Health care provider" has the same meaning as in section 671-1.

     §323-     Interference with health care facilities prohibited; exception.  (a)  Except as otherwise provided under federal or state law, it shall be unlawful for any person, alone or in concert, to intentionally, knowingly, or recklessly interfere with another person's access to or from a health care facility or intentionally, knowingly, or recklessly disrupt the normal functioning of a health care facility by:

     (1)  Physically obstructing or impeding the free passage of another person seeking to enter or depart from the facility or from the common areas of the real property on which the facility is located;

     (2)  Making or causing a noise that unreasonably disturbs the peace within the facility or that constitutes a violation of section 342F-30;

     (3)  Trespassing on the facility or the common areas of the real property upon which the facility is located;

     (4)  Making or causing repeated telephone calls to a person, including a health care facility employee or health care provider, or a health care facility with the intent to impede access to the person's or health care facility's telephone lines or otherwise disrupt the person's or health care facility's activities; or

     (5)  Threatening to inflict injury on the owners, agents, patients, employees, or property of the health care facility.

     (b)  This section shall not apply to actions taken as part of a labor demonstration or when exercising the right to strike.

     §323-     Criminal penalties.  (a)  In addition to any other penalties, any person who intentionally, knowingly, or recklessly violates this part, whether alone or in concert, shall be guilty of a petty misdemeanor and shall be punished as follows:

     (1)  For a first offense, a fine of no less than $250 and a term of imprisonment of at least twenty-four consecutive hours;

     (2)  For a second offense, a fine of no less than $750 and a term of imprisonment of at least seven consecutive days; and

     (3)  For a third or subsequent offense, a fine of no less than $1,000 and a term of imprisonment of no more than thirty consecutive days.

     (b)  A court having jurisdiction in a criminal proceeding under this chapter shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding, including grating protective orders and motions in limine.

     (c)  For the purposes of this section, "person" means a person eighteen years of age or older.

     §323-     Civil remedies.  (a)  Any aggrieved party may bring a civil suit against a person or persons who intentionally, knowingly, or recklessly violated this chapter in the district court of the district in which the violation took place to enjoin further violations and recover actual damages sustained.  The aggrieved party shall not be required to allege or prove actual damages to prevail.

     (b)  The court may, in its discretion, increase the award of damages to an amount not to exceed $500, or $5,000 if the aggrieved party is a health care facility, for each day of continued violation.  The court may, in its discretion and subject to all applicable federal and state laws, regulations, and rules, issue injunctive relief without bond.

     (c)  In any action brought under this section, the prevailing party shall be entitled to the recovery of costs of the suit, including court costs and fees and reasonable attorney's fees.

     (d)  A court having jurisdiction in a criminal proceeding under this chapter shall take all reasonably necessary steps to safeguard the individual privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness to a proceeding, including grating protective orders and motions in limine.

     (e)  The attorney general may bring an action in a court of competent jurisdiction for appropriate injunctive or other equitable relief against any person who is reasonably believed to violate or who is in the course of violating this chapter.

     §323-     Enforcement.  Enforcement of this chapter shall be under the concurrent jurisdiction of the attorney general, the prosecuting attorneys or deputy prosecuting attorneys of the various counties, and the police departments of the various counties.

     §323-     Remedies and penalties not exclusive.  The penalties and remedies provided in this chapter with respect to any violation of this chapter shall not be deemed exclusive of each other or of any other civil or criminal rights, remedies, or penalties provided or allowed by law with respect to any violation."

     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.  This Act shall take effect upon its approval.

Report Title:

Health Care Facilities; Interference; Disruption; Petty Misdemeanor; Private Right of Action; Civil Remedies; Criminal Penalties; Attorney General

Description:

Prohibits persons from interfering with another person's access to or from a health care facility or disrupting the normal functioning of a health care facility.  Makes violations a petty misdemeanor.  Establishes a private right of action for individuals and health care facilities harmed as a result of interference with a health care facility.  Authorizes the Attorney General to bring an action for injunctive or other equitable relief.

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. 2422

Honolulu, Hawaii

RE:     S.B. No. 2845

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Health and Human Services, to which was referred S.B. No. 2845 entitled:

"A BILL FOR AN ACT RELATING TO HEALTH CARE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit persons from interfering with another person's access to or from a health care facility or disrupting the normal functioning of a health care facility;

     (2)  Make violations a petty misdemeanor;

     (3)  Establish a private right of action for individuals and health care facilities harmed as a result of interference with a health care facility; and

     (4)  Authorize the Attorney General to bring an action for injunctive or other equitable relief.

     Your Committee received testimony in support of this measure from the State Health Planning and Development Agency; Hawaii State Commission on the Status of Women; Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; HOKU PAC; Pride at Work–Hawaiʻi; Healthcare Association of Hawaii; Hawaiʻi Primary Care Association; Indivisible Hawaiʻi Healthcare Team; American Association of University Women of Hawaiʻi; Stonewall Caucus of the Democratic Party of Hawaiʻi; Hawaii Women Lawyers; Visibility Brigade Honolulu; Indivisible Leeward Oahu; Planned Parenthood Alliance Advocates–Hawaiʻi; American College of Obstetricians and Gynecologists, Hawaiʻi Section; Hawaiʻi Health & Harm Reduction Center; Hawaii State Democratic Women's Caucus; YWCA of Kauai; and over one hundred individuals.

     Your Committee received testimony in opposition to this measure from Hawaiʻi Family Forum and one individual.

     Your Committee received comments on this measure from the Department of the Attorney General; Department of Health; and Hawaiʻi Nurses' Association, OPEIU Local 50.

     Your Committee finds that individuals seeking or providing health care should be able to access health care facilities without fear, intimidation, or any form of harassment.  Your Committee further finds that there is a need to create a comprehensive framework to deter harmful conduct and ensure accountability for obstructing access or disrupting operations at health care facilities.  This measure keeps the State's health care facilities secure, orderly, and responsive for anyone who needs care.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have made the prohibition on interference with health care facilities not apply to actions taken as part of a labor demonstration or when exercising the right to strike, to address potential constitutional concerns arising from content-based distinctions under the First Amendment of the United States Constitution and article I, section 4, of the Hawaii State Constitution;

     (2)  With regard to a court's duty, in a criminal or civil proceeding, to take reasonably necessary steps to safeguard the privacy of an aggrieved party and prevent harassment of a patient, health care provider, or health care facility employee who is a party or witness:

          (A)  Inserting language to clarify that the duty arises only upon motion by an interested party, rather than on the court's own initiative; and

          (B)  Deleting language specifying the use of protective orders and motions in limine, to preserve the court's discretion regarding appropriate procedural safeguards; and

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

     As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2845, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2845, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health and Human Services,