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GM 1211

Informing the Legislature that on June 8, 2026, the Governor signed the following bill into law: SB2567 SD2 HD2 CD1 (ACT 111).

2026 Regular Session

Hawaii allows public employers to petition for temporary restraining orders and injunctions to shield public servants from harassment, in a two-year pilot.

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Bill Summary · GM 1211

Overview

  • Jurisdiction: Hawaii
  • Bill: SB2567, SD2, HD2, CD1
  • Title: Relating to Petitions to Temporarily Restrain and Enjoin Harassment of an Employee
  • Status: Enacted as Act 111, signed into law by the Governor on June 8, 2026; effective July 1, 2026; repealed June 30, 2028 with reenactment mechanics
  • Purpose: Create a two-year pilot program authorizing public employers to petition district courts to obtain temporary restraints and injunctions to protect public servants from employment-related harassment.

Main purpose and intent

  • To extend harassment protections to public employees by allowing public employers (State, its political subdivisions, and certain public entities) to seek temporary restraining orders (TROs) and injunctions on behalf of harassed public servants.
  • Recognizes rising harassment, threats, and violence directed at public officials and employees and borrows a model long used in California.
  • Establishes a two-year pilot program to evaluate feasibility and effectiveness of employer-initiated protective orders.

Key provisions and changes

  • Authorized parties (a) Public employer petition power:
    • The State or its political subdivisions, federal agencies, United States courts, or public/public quasi-public corporations may petition for relief on behalf of a public servant.
    • Public employer petitions must identify the petitioner by branch or agency; the Hawaii judiciary identifies the state judiciary as the Administrative Director of the Courts.
  • Definitions (Section 604-10.5):
    • Harassment: defined to include threats of physical harm or a course of conduct that seriously alarms or disturbs an individual, causing emotional distress.
    • Public servant and Public servant of the State: clearly defined to include executive, legislative, and judicial branch members/employees and certain current/retired federal/state judges who reside in the state or have substantial ties.
  • Court and relief mechanics:
    • District courts have power to enjoin, prohibit, or temporarily restrain harassment.
    • PETITION requirements: in writing, alleging past acts or imminent harassment, with a sworn or perjury-stated factual basis.
    • Privacy provisions: allows Jane Doe/John Doe filings to protect petitioner’s privacy, with balancing private privacy interests against public interest; possible sealing of identifying information upon clear and convincing evidence.
    • Temporary restraining order (TRO) and hearing:
    • TRO can be issued ex parte for up to 90 days; a hearing on the injunction must occur within 15 days of TRO grant.
    • If service of TRO isn’t completed by the hearing date, a new date may be set, not to exceed 90 days from TRO grant.
    • Duration of injunction:
    • If harassment is proven by clear and convincing evidence, court may enjoin for up to three years; for threats or alternate harassment definitions, similar three-year terms.
    • In cases involving a minor, injunction may extend beyond three years to account for minor’s age transition.
    • Service and enforcement:
    • Orders must be served; the chief of police in the issuing county must be notified.
    • Violation of TRO/injunction is a misdemeanor with specified mandatory jail terms for repeat violations:
      • At least 48 hours for a subsequent violation after a prior conviction.
      • At least 30 days for a second or subsequent violation after second conviction.
    • Courts may suspend jail sentences under certain conditions; additional sanctions may be imposed for violent or non-violent violations.
  • Representation and funding:
    • Public employer may retain private counsel to pursue relief, funded by appropriated funds, but not if the restrained person is in the same branch of government.
    • Judiciary staff attorneys may represent public servants employed by the judiciary; judiciary may use its own funds to retain private counsel for these employees.
    • The Attorney General may establish a system to retain private counsel for public employers, but the AG cannot provide representation to these petitioners or on the same matter in conflict of interest scenarios.
  • Limitations and nondiscretionary notes:
    • The authorization to petition is discretionary and does not create a private right of action against the State or its agencies.
    • No court shall have jurisdiction over claims arising from or relating to the filing decision or the subsection itself.
  • Sunset and reenactment:
    • Effective July 1, 2026.
    • Repeals on June 30, 2028, with the statute reenacted in its prior form if continued.

Who is affected

  • Public servants (as defined) across all three branches (executive, legislative, judicial) and their public employers.
  • Public employers may petition for TROs/injunctions on behalf of harassed employees.
  • Law enforcement and the judiciary (as the enforcement and representation framework interacts with police and court systems).
  • Attorneys (private and public) who may be appointed or retained to represent petitioning employers or employees.
  • Potentially affected individuals who are respondents in these petitions.

Procedural and timeline aspects

  • Effective date: July 1, 2026.
  • Pilot duration: Two years (through June 30, 2028).
  • TRO duration: Up to 90 days; injunction up to three years, extendable under specified conditions.
  • Hearing timeline: Injunction hearing within 15 days after TRO grant.
  • Privacy protections: Provisions to allow pseudonymous filings and potential sealing of identifying information upon clear and convincing evidence.
  • Enforcement: Violations carry misdemeanor penalties with mandatory minimums; provisions for attorney’s fees and costs to prevailing party.
  • Sunset: Automatic repeal on June 30, 2028, unless extended or reenacted in a subsequent act.

Estimated impact

  • Provides a concrete, legal mechanism for protecting public servants from harassment arising in the course of their official duties.
  • Aims to reduce safety risks and disruptions to public service by enabling employers to act proactively.
  • Requires coordination among the judiciary, law enforcement, and state agencies; introduces new processes and costs for representation and enforcement.
  • Creates a temporary framework to assess effectiveness before possible permanent adoption.

Compiled from official sources — confirm details with the bill’s official record.

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