Hawaii Senate Bill SB395

Hawaii 2022 Regular Session

• Introduced: 1/22/21
• Refer: 1/25/21

Caption

Relating To Disorderly Conduct.

Impact

The bill's passage would enhance legal tools available to law enforcement in responding to acts of disorderly conduct that involve deceptive information about potential violence. By explicitly including the dissemination of false threats as a criminal offense, the statute will help prevent incidents that could lead to harm or panic within communities. This could, in turn, improve public safety by enabling quicker and more decisive law enforcement responses to emergent threats stemming from misleading information.

Summary

SB395 aims to amend the existing offense of disorderly conduct in Hawaii to encompass actions that involve conveying false or misleading information with the intent to cause public alarm or inconvenience. The legislature recognizes the increasing prevalence of threats made through various media, including the internet, which pose significant concerns for public safety and resource allocation for law enforcement. The bill specifically targets messages believed to indicate impending violence or property damage, thus addressing a gap in the current Hawaii Revised Statutes where such false threats are not explicitly criminalized.

Contention

Some stakeholders may view this modification to disorderly conduct laws as an overreach into free speech rights. Critics might argue that the bill could criminalize statements made in jest or without malicious intent, leading to potential misuse against individuals expressing their opinions or making light-hearted remarks. A balance will need to be struck to ensure that the intent of this legislation is clear, so that it does not unintentionally penalize conduct that is protected under the right to free speech.