Bill Text: HI HB807 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB807 Detail]

Download: Hawaii-2024-HB807-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	807
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:

 

     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:	_____________________________

 

 

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.

 

 

 

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