Hawaii 2022 Regular Session

Hawaii House Bill HB19 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 19 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to discrimination. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 19
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	19
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to discrimination.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter Discriminatory Reporting to a law enforcement officer § -1 Discriminatory reporting; law enforcement officer; civil remedy. (a) Any person: (1) Who summons or reports to a law enforcement officer, without reason to suspect a violation of the Hawaii Penal Code, any other criminal conduct, or an imminent danger to a person or property, has occurred or is occurring; and (2) Whose summons or report is based in whole or in substantial part because of that person's belief or perception regarding the race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, ancestry, or disability of another person, regardless of whether the belief or perception is correct, shall be liable in a civil action or proceeding. (b) Any person injured by a violation of subsection (a) may bring a civil action in a court of competent jurisdiction in the State for injunctive relief, damages, or other appropriate relief. If, in the action, the court finds that the defendant is violating or has violated this section, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved in order to obtain the injunction. (c) For purposes of this section, a person lacks reason to suspect a violation of the Hawaii Penal Code, any other criminal conduct, or an imminent danger to a person or property has occurred or is occurring if a reasonable person would not suspect such a violation, criminal conduct, or danger has occurred or is occurring." SECTION 2. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
50	50
51	51	"Chapter
52	52
53	53	Discriminatory Reporting to a law enforcement officer
54	54
55	55	§ -1 Discriminatory reporting; law enforcement officer; civil remedy. (a) Any person:
56	56
57	57	(1) Who summons or reports to a law enforcement officer, without reason to suspect a violation of the Hawaii Penal Code, any other criminal conduct, or an imminent danger to a person or property, has occurred or is occurring; and
58	58
59	59	(2) Whose summons or report is based in whole or in substantial part because of that person's belief or perception regarding the race, color, religion, age, sex, including gender identity or expression, sexual orientation, marital status, national origin, ancestry, or disability of another person, regardless of whether the belief or perception is correct,
60	60
61	61	shall be liable in a civil action or proceeding.
62	62
63	63	(b) Any person injured by a violation of subsection (a) may bring a civil action in a court of competent jurisdiction in the State for injunctive relief, damages, or other appropriate relief. If, in the action, the court finds that the defendant is violating or has violated this section, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved in order to obtain the injunction.
64	64
65	65	(c) For purposes of this section, a person lacks reason to suspect a violation of the Hawaii Penal Code, any other criminal conduct, or an imminent danger to a person or property has occurred or is occurring if a reasonable person would not suspect such a violation, criminal conduct, or danger has occurred or is occurring."
66	66
67	67	SECTION 2. This Act shall take effect upon its approval.
68	68
69	69
70	70
71	71	INTRODUCED BY: _____________________________
72	72
73	73	INTRODUCED BY:
74	74
75	75	_____________________________
76	76
77	77	Report Title: Discriminatory Reporting; Protected Class; Law Enforcement Officer; Civil Remedy Description: Establishes provisions relating to civil remedies for discriminatory reporting to a law enforcement officer. Provides that a person who summons or reports to a law enforcement officer, without reason to suspect a crime, offense, or imminent danger has occurred or is occurring, because of that person's belief or perception involving a member of a protected class shall be civilly liable. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
78	78
79	79
80	80
81	81
82	82
83	83	Report Title:
84	84
85	85	Discriminatory Reporting; Protected Class; Law Enforcement Officer; Civil Remedy
86	86
87	87
88	88
89	89	Description:
90	90
91	91	Establishes provisions relating to civil remedies for discriminatory reporting to a law enforcement officer. Provides that a person who summons or reports to a law enforcement officer, without reason to suspect a crime, offense, or imminent danger has occurred or is occurring, because of that person's belief or perception involving a member of a protected class shall be civilly liable.
92	92
93	93
94	94
95	95
96	96
97	97
98	98
99	99	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.