HOUSE OF REPRESENTATIVES

H.B. NO.

19

THIRTY-FIRST LEGISLATURE, 2021

 

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 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 danger has occurred or is occurring."

     SECTION 2.  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.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.