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| 1 | - | THE SENATE S.B. NO. 40 THIRTY-SECOND LEGISLATURE, 2023 | |
| 1 | + | THE SENATE S.B. NO. 40 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT Relating to discrimination. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | THE SENATE S.B. NO. 40 | |
| 4 | - | THIRTY-SECOND LEGISLATURE, 2023 | |
| 4 | + | THIRTY-SECOND LEGISLATURE, 2023 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 40 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2023 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | Relating to discrimination. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. The legislature finds that the vigilance of individual citizens can keep communities safe through the reporting of witnessed criminal conduct to law enforcement. However, the legislature also finds that in certain circumstances, individuals have misused the ability to summon law enforcement officers against persons of protected classes without reason to suspect a crime is being committed. The purpose of this Act is to give any person injured by | |
| 47 | + | SECTION 1. The legislature finds that the vigilance of individual citizens can keep our communities safe through the reporting of witnessed criminal conduct to law enforcement. However, the legislature also finds that in certain circumstances, individuals have misused the ability to summon law enforcement officers against persons of protected classes without reason to suspect a crime is being committed. The purpose of this Act is to give any person injured by any false reporting recourse for just compensation through civil action. SECTION 2. 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 imminent danger has occurred or is occurring." SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ | |
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| 49 | - | SECTION 1. The legislature finds that the vigilance of individual citizens can keep communities safe through the reporting of witnessed criminal conduct to law enforcement. However, the legislature also finds that in certain circumstances, individuals have misused the ability to summon law enforcement officers against persons of protected classes without reason to suspect a crime is being committed. | |
| 49 | + | SECTION 1. The legislature finds that the vigilance of individual citizens can keep our communities safe through the reporting of witnessed criminal conduct to law enforcement. However, the legislature also finds that in certain circumstances, individuals have misused the ability to summon law enforcement officers against persons of protected classes without reason to suspect a crime is being committed. | |
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| 51 | - | The purpose of this Act is to give any person injured by | |
| 51 | + | The purpose of this Act is to give any person injured by any false reporting recourse for just compensation through civil action. | |
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| 53 | 53 | SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: | |
| 54 | 54 | ||
| 55 | 55 | "Chapter | |
| 56 | 56 | ||
| 57 | 57 | DISCRIMINATORY REPORTING TO A LAW ENFORCEMENT OFFICER | |
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| 59 | - | § -1 Discriminatory reporting; law enforcement officer; civil remedy. (a) Any person | |
| 59 | + | § -1 Discriminatory reporting; law enforcement officer; civil remedy. (a) Any person: | |
| 60 | 60 | ||
| 61 | - | (1) | |
| 61 | + | (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 | |
| 62 | 62 | ||
| 63 | - | (2) Discriminate against the person; | |
| 64 | - | ||
| 65 | - | (3) Cause the person to feel harassed, humiliated, or embarrassed; | |
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| 67 | - | (4) Cause the person to be expelled from a place that the person is lawfully located; | |
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| 69 | - | (5) Damage the person's reputation or standing within the community; or | |
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| 71 | - | (6) Damage the person's financial, economic, consumer, or business prospects or interests, | |
| 63 | + | (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, | |
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| 73 | 65 | shall be liable in a civil action or proceeding. | |
| 74 | 66 | ||
| 75 | - | (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, | |
| 67 | + | (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. | |
| 76 | 68 | ||
| 77 | - | (c) | |
| 69 | + | (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 imminent danger has occurred or is occurring." | |
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| 79 | - | SECTION 3. | |
| 71 | + | SECTION 3. This Act shall take effect upon its approval. | |
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| 81 | - | SECTION 4. This Act shall take effect upon its approval. | |
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| 83 | - | 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 contacts a law enforcement officer to come to a location to contact a person on the basis of the person's actual or perceived race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, disability, sexual orientation, or gender identity with the specific intent to infringe upon the person's rights under the Hawaii State Constitution or United State Constitution; discriminate against the person; cause the person to feel harassed, humiliated, or embarrassed; cause the person to be expelled from a place that the person is lawfully located; damage the person's reputation or standing within the community; or damage the person's financial, economic, consumer, or business prospects or interest shall be civilly liable. Requires the Department of the Attorney General, in consultation with the Hawaii Civil Rights Commission, to provide guidance to the public on the enactment of this Act. Effective January 1, 2024, requires the Department of Law Enforcement to also provide guidance on this Act. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 75 | + | INTRODUCED BY: _____________________________ | |
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| 77 | + | INTRODUCED BY: | |
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| 79 | + | _____________________________ | |
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| 85 | + | 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. | |
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| 89 | 91 | Report Title: | |
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| 91 | 93 | Discriminatory Reporting; Protected Class; Law Enforcement Officer; Civil Remedy | |
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| 95 | 97 | Description: | |
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| 97 | - | Establishes provisions relating to civil remedies for discriminatory reporting to a law enforcement officer. Provides that a person who | |
| 99 | + | 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. | |
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| 105 | 107 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |