SB 40 Summary

• Creates civil liability for knowingly causing a law enforcement officer to contact a person based on the person's protected class status (race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, disability, sexual orientation, or gender identity) with intent to infringe rights, discriminate, harass, humiliate, expel from lawful location, damage reputation, or harm financial/business interests.

• Allows injured persons to bring civil action for injunctive relief, damages (including punitive damages), and other appropriate relief in court.

• Requires courts to award judgment for plaintiff of not less than $1,000 plus attorneys' fees and costs if violation is found.

• Directs the Department of the Attorney General, in consultation with the Hawaii Civil Rights Commission, to provide public guidance on civil liability and remedies; Department of Law Enforcement assumes this duty effective January 1, 2024.

• Effective upon approval.