Hawaii 2023 Regular Session

Hawaii Senate Bill SB486 Compare Versions

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

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1	1	THE SENATE S.B. NO. 486 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE SAFETY OF JUDICIARY PERSONNEL. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 486
4	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	486
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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 THE SAFETY OF JUDICIARY PERSONNEL.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that threats and inappropriate communications to judges and court personnel continue to escalate. United States federal judges were the targets of more than four thousand five hundred threats and other inappropriate communications in 2021, according to the United States Marshals Service. This represents an increase of eighty-one per cent from the number of threats in fiscal year 2016, and a two hundred thirty-three per cent increase in threats since fiscal year 2008. At the state level, the number of threats and other inappropriate communications to Hawaii judges have increased tenfold in less than ten years, from two in 2012 to approximately twenty in both 2021 and 2022. The legislature further finds that other judiciary staff have duties that put them at risk of threats or violence. These include social workers, who monitor offenders placed on probation. Judiciary staff supervise probationers convicted of violent crimes, and the Occupational Safety and Health Administration categorizes probation officers as being in a high-risk occupation for workplace violence. The legislature notes that incidents of threats and inappropriate communications to judiciary social workers who provide probation oversight have increased sevenfold in the last nine years. Social workers with the judiciary's office of the public guardian have also been threatened with violence while carrying out their duties as court-appointed guardians of incapacitated persons. Overall, threats and inappropriate communications toward state judiciary employees rose from seven in 2017 to thirty-six in 2022. The legislature also notes that a recent United States Marshals Service audit found that federal judges' safety is at greater risk when they are away from the courthouse. This statement is borne out by incidents involving attacks against federal judges at their residences, which have resulted in the deaths of or serious injuries to judges and their family members. In at least one of these cases, the attacker used the internet to access the judge's personal information. The legislature finds that Act 46, Session Laws of Hawaii 2022 (Act 46), which established a judicial security task force, was passed in recognition of the need for additional measures to ensure the safety of judges and judiciary personnel. The purpose of the task force was to identify appropriate measures to enhance the security of judges and judiciary personnel while not diminishing civil liberties or unduly hindering governmental operations. The task force's efforts included consideration of optimal methods for securing personal information posted on the internet, including requiring nondisclosure or redaction of the information. Among other things, the task force recommended the reintroduction of a proposal from an earlier draft of Act 46 to prohibit internet postings of the personal information of judges and certain judicial staff if the posting is made with the intent to intimidate or threaten harm. Accordingly, the purpose of this Act is to prohibit, in certain circumstances, the publication of the personal information of state and federal judges and other judicial staff whose duties put them at risk for acts of violence or threats, including publication where the post is made with the intent to intimidate or threaten, or where a reasonable person would believe that providing the information would expose the at-risk individual to harassment or risk of harm to life or property. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter INTERNET POSTING OF PERSONAL INFORMATION § -1 Internet posting of personal information; judges and other court staff. (a) A person or organization shall not knowingly make available on the internet the personal information of the following individuals, with the intent to intimidate or to threaten injury, harm, or violence to the individual or the individual's immediate family members, or under circumstances in which a reasonable person would believe that providing the information would expose the individual to harassment or a risk of harm to life or property: (1) A sitting, full-time judge of the Hawaii state district court, circuit court, or intermediate court of appeals; (2) A sitting, full-time justice of the Hawaii supreme court; (3) A sitting federal judge; (4) A judiciary social worker who: (A) Performs the following functions while managing and supervising a caseload of clients referred for court-ordered treatment, supervision, or probation: (i) Providing professional social casework services to clients for the purpose of control, treatment, and rehabilitation; or (ii) Monitoring clients' compliance with, and enforcing the terms and conditions of, court-ordered supervision or probation, and making recommendations for modification or revocation of court orders, as appropriate; or (B) Serves as a court-appointed guardian in the office of the public guardian under chapter 551A; or (5) A United States probation and pretrial officer. (b) For the purposes of this chapter: "Federal judge" means a justice of the United States Supreme Court, judge of the United States Court of Appeals, judge or magistrate judge of the United States District court, or judge of the United States Bankruptcy Court. "Home address" includes a person's permanent residence and any secondary residences affirmatively identified by the person but does not include a person's work address. "Immediate family member" means a spouse, child, parent, or other minor or adult who lives in the residence of the individuals listed in subsection (a). "Judiciary" means the branch of government established in section 601-1. "Organization" means an association or entity, including a charitable, religious, or nonprofit organization; for profit organization; or business entity, formed for a specific purpose. "Personal information" means a home address, home telephone number, cellular telephone number, pager number, social security number, personal electronic mail address, directions to the person's home, vehicle license plate number, or photographs of the person's home or vehicle. § -2 Injunctive and declaratory relief; attorney's fees and costs. A person whose personal information is disseminated in violation of section -1 may bring an action seeking injunctive or declaratory relief. If a court finds that a violation has occurred, it may grant injunctive or declaratory relief and shall award the person reasonable attorney's fees and costs; provided that nothing in this section is intended to preclude civil relief or criminal liability under any other provision of law. § -3 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." 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. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The legislature finds that threats and inappropriate communications to judges and court personnel continue to escalate. United States federal judges were the targets of more than four thousand five hundred threats and other inappropriate communications in 2021, according to the United States Marshals Service. This represents an increase of eighty-one per cent from the number of threats in fiscal year 2016, and a two hundred thirty-three per cent increase in threats since fiscal year 2008. At the state level, the number of threats and other inappropriate communications to Hawaii judges have increased tenfold in less than ten years, from two in 2012 to approximately twenty in both 2021 and 2022.
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51	51	The legislature further finds that other judiciary staff have duties that put them at risk of threats or violence. These include social workers, who monitor offenders placed on probation. Judiciary staff supervise probationers convicted of violent crimes, and the Occupational Safety and Health Administration categorizes probation officers as being in a high-risk occupation for workplace violence.
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53	53	The legislature notes that incidents of threats and inappropriate communications to judiciary social workers who provide probation oversight have increased sevenfold in the last nine years. Social workers with the judiciary's office of the public guardian have also been threatened with violence while carrying out their duties as court-appointed guardians of incapacitated persons. Overall, threats and inappropriate communications toward state judiciary employees rose from seven in 2017 to thirty-six in 2022.
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55	55	The legislature also notes that a recent United States Marshals Service audit found that federal judges' safety is at greater risk when they are away from the courthouse. This statement is borne out by incidents involving attacks against federal judges at their residences, which have resulted in the deaths of or serious injuries to judges and their family members. In at least one of these cases, the attacker used the internet to access the judge's personal information.
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57	57	The legislature finds that Act 46, Session Laws of Hawaii 2022 (Act 46), which established a judicial security task force, was passed in recognition of the need for additional measures to ensure the safety of judges and judiciary personnel. The purpose of the task force was to identify appropriate measures to enhance the security of judges and judiciary personnel while not diminishing civil liberties or unduly hindering governmental operations. The task force's efforts included consideration of optimal methods for securing personal information posted on the internet, including requiring nondisclosure or redaction of the information. Among other things, the task force recommended the reintroduction of a proposal from an earlier draft of Act 46 to prohibit internet postings of the personal information of judges and certain judicial staff if the posting is made with the intent to intimidate or threaten harm.
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59	59	Accordingly, the purpose of this Act is to prohibit, in certain circumstances, the publication of the personal information of state and federal judges and other judicial staff whose duties put them at risk for acts of violence or threats, including publication where the post is made with the intent to intimidate or threaten, or where a reasonable person would believe that providing the information would expose the at-risk individual to harassment or risk of harm to life or property.
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61	61	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
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63	63	"Chapter
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65	65	INTERNET POSTING OF PERSONAL INFORMATION
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67	67	§ -1 Internet posting of personal information; judges and other court staff. (a) A person or organization shall not knowingly make available on the internet the personal information of the following individuals, with the intent to intimidate or to threaten injury, harm, or violence to the individual or the individual's immediate family members, or under circumstances in which a reasonable person would believe that providing the information would expose the individual to harassment or a risk of harm to life or property:
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69	69	(1) A sitting, full-time judge of the Hawaii state district court, circuit court, or intermediate court of appeals;
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71	71	(2) A sitting, full-time justice of the Hawaii supreme court;
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73	73	(3) A sitting federal judge;
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75	75	(4) A judiciary social worker who:
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77	77	(A) Performs the following functions while managing and supervising a caseload of clients referred for court-ordered treatment, supervision, or probation:
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79	79	(i) Providing professional social casework services to clients for the purpose of control, treatment, and rehabilitation; or
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81	81	(ii) Monitoring clients' compliance with, and enforcing the terms and conditions of, court-ordered supervision or probation, and making recommendations for modification or revocation of court orders, as appropriate; or
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83	83	(B) Serves as a court-appointed guardian in the office of the public guardian under chapter 551A; or
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85	85	(5) A United States probation and pretrial officer.
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87	87	(b) For the purposes of this chapter:
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89	89	"Federal judge" means a justice of the United States Supreme Court, judge of the United States Court of Appeals, judge or magistrate judge of the United States District court, or judge of the United States Bankruptcy Court.
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91	91	"Home address" includes a person's permanent residence and any secondary residences affirmatively identified by the person but does not include a person's work address.
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93	93	"Immediate family member" means a spouse, child, parent, or other minor or adult who lives in the residence of the individuals listed in subsection (a).
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95	95	"Judiciary" means the branch of government established in section 601-1.
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97	97	"Organization" means an association or entity, including a charitable, religious, or nonprofit organization; for profit organization; or business entity, formed for a specific purpose.
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99	99	"Personal information" means a home address, home telephone number, cellular telephone number, pager number, social security number, personal electronic mail address, directions to the person's home, vehicle license plate number, or photographs of the person's home or vehicle.
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101	101	§ -2 Injunctive and declaratory relief; attorney's fees and costs. A person whose personal information is disseminated in violation of section -1 may bring an action seeking injunctive or declaratory relief. If a court finds that a violation has occurred, it may grant injunctive or declaratory relief and shall award the person reasonable attorney's fees and costs; provided that nothing in this section is intended to preclude civil relief or criminal liability under any other provision of law.
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103	103	§ -3 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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105	105	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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107	107	SECTION 4. This Act shall take effect upon its approval.
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111	111	INTRODUCED BY: _____________________________
112	112	By Request
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114	114	INTRODUCED BY:
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116	116	_____________________________
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120	120	By Request
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122	122	Report Title: Judiciary Package; Safety; Judiciary Personnel; Personal Information Description: Prohibits, in certain circumstances, the publication of the personal information of state and federal judges and other judicial staff whose duties put them at risk for acts of violence or threats. 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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128	128	Report Title:
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130	130	Judiciary Package; Safety; Judiciary Personnel; Personal Information
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134	134	Description:
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136	136	Prohibits, in certain circumstances, the publication of the personal information of state and federal judges and other judicial staff whose duties put them at risk for acts of violence or threats.
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142	142	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.