Hawaii Senate Bill SB2310

Hawaii 2024 Regular Session

• Introduced: 1/19/24
• Report Pass: 2/21/24
• Refer: 1/19/24
• Engrossed: 2/29/24
• Refer: 3/7/24

Caption

Relating To Harassment.

Impact

The introduction of SB2310 is expected to have significant implications for the legal framework surrounding harassment in Hawaii. By criminalizing the unauthorized use of location trackers, the bill aims to strengthen protections for individuals against digital stalking and harassment. This will likely empower law enforcement to take action in instances where tracking devices are used maliciously, creating a more secure environment for victims of such actions. Moreover, it enhances the existing legal definitions within Chapter 711 of the Hawaii Revised Statutes, ensuring that the laws keep pace with technological developments.

Summary

SB2310 addresses the issue of harassment through electronic means by introducing a new misdemeanor offense related to the use of location trackers. The bill specifically prohibits individuals from using any device that can track another person's location to harass, stalk, or perpetrate crimes against that person without their consent. Such devices include smartphones, drones, and any electronic device capable of monitoring movement in real-time. With the rapid advances in tracking technologies, this legislation seeks to close a gap in existing harassment laws that may not adequately address the use of modern technology for harmful purposes.

Sentiment

The overall sentiment around SB2310 appears to be largely supportive among legislators concerned about personal safety and privacy rights. Many advocates for women's rights and organizations focused on domestic violence prevention have expressed enthusiasm for the bill as a necessary step toward combating abuse enabled by technology. However, there are concerns regarding potential overreach and the implications for legitimate uses of location tracking technology, emphasizing the need for careful consideration of how these laws are enforced to avoid infringing on privacy rights.

Contention

While SB2310 has garnered support for its intentions, there are notable points of contention surrounding its implementation and the definition of harassment itself. Critics argue that the bill must clearly define boundaries to prevent misuse of the law against individuals who might innocently use location tracking tools for safety purposes. The potential for misinterpretation and over-enforcement is a significant concern that some opponents have raised, suggesting the need for additional safeguards to ensure that the bill protects victims without inadvertently harming others. Overall, the discussion around SB2310 reflects a broader debate about how to balance technological capabilities with individual privacy rights.