SB 2438 Hawaii Senate · 2026 Regular Session

RELATING TO CIVIL INTERFERENCE WITH CONSTITUTIONAL AND STATUTORY RIGHTS.

Summary

Establishes a civil cause of action for interference with constitutional and statutory rights through threats, intimidation, or coercion. Authorizes private rights of action. Authorizes actions to be brought by the Attorney General, County Corporation Counsel, or County Attorney. Authorizes injunctive relief, declaratory relief, and certain monetary relief. Includes protections for constitutionally protected speech. Effective 7/1/3000. (HD1)

Issues: ✓ Criminal Justice

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Apr 2026

Senate Passage

Mar 2026

House Passage

Apr 2026

Governor

Introduced Jan 22, 2026 Last action Apr 27, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

SB2438_HD1 → SB2438_SD1 · 5 edits

MODERATE

This bill was revised to transition from a House draft to a Senate version, updating the effective date from July 1, 3000, to immediate approval and adjusting the statute of limitations to allow courts to grant future injunctive relief. The definitions of 'Intimidation' and 'Threat' were slightly refined to broaden the scope of protected rights, and the bill's title was updated to reflect Senate sponsorship.

Scope change

The bill's scope remains focused on civil rights protection, but the applicability of the statute of limitations was expanded to include prospective injunctive relief, and the effective date was accelerated.

TIMELINE

Changed the effective date from July 1, 3000, to upon the bill's approval.

REQUIREMENT

Modified the statute of limitations section to explicitly allow courts to grant prospective injunctive or declaratory relief to prevent future violations.

DEFINITION

Updated the definition of 'Intimidation' to use 'a conduct' instead of 'conduct' and broadened the description of protected rights.

Simplified the definition of 'Threat' by removing specific references to property damage and focusing on general harm.

TECHNICAL

Updated the bill header to reflect Senate sponsorship and revised the report title order.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 16, 2026

Amended

Senate disagrees with House amendments.

upper

Apr 16, 2026

Introduced

Received from House (Hse. Com. No. 660).

upper

Apr 14, 2026

Lower · Passed

Passed Third Reading with Representative(s) Cochran, Iwamoto voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Kong, Matsumoto, Muraoka, Shimizu voting no (7) and Representative(s) Quinlan excused (1). Transmitted to Senate.

lower

Apr 7, 2026

Lower · Passed

The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: none; 1 Noes: Representative(s) Alcos; and Excused: none.

lower

Mar 25, 2026

Committee

Reported from JHA (Stand. Com. Rep. No. 1413-26) as amended in HD 1, recommending passage on Second Reading and referral to FIN.

lower

Mar 18, 2026

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 3 Excused: Representative(s) Hashem, Sayama, Cochran.

lower

Mar 18, 2026

Committee

Re-referred to JHA, FIN, referral sheet 18

lower

Mar 12, 2026

Committee

Referred to JHA, referral sheet 17

lower

Mar 10, 2026

Introduced

Received from Senate (Sen. Com. No. 241) in amended form (SD 1).

lower

Mar 10, 2026

Upper · Passed

Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Mar 5, 2026

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Mar 4, 2026

Upper · Passed

The committee(s) on WAM has rescheduled its decision making to 03-05-26 12:04PM; CR 211 & Videoconference.

upper

Mar 3, 2026

Upper · Passed

The committee(s) on WAM will hold a public decision making on 03-05-26 10:15AM; Conference Room 211 & Videoconference.

upper

Feb 11, 2026

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.

upper

Feb 11, 2026

Committee

Reported from JDC (Stand. Com. Rep. No. 2158) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 3, 2026

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Jan 30, 2026

Upper · Passed

The committee(s) on JDC has scheduled a public hearing on 02-03-26 9:00AM; Conference Room 016 & Videoconference.

upper

Jan 28, 2026

Committee

Referred to JDC, WAM.

upper

Jan 22, 2026

Introduced

Introduced.

upper

1 primary · 0 co-sponsors