Bill Text: HI HB1556 | 2017 | Regular Session | Introduced

Hawaii House Bill 1556 (Prior Session Legislation)

Introduced

Bill Title: Relating To Desecration.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced - Dead) 2017-01-30 - Referred to JUD, referral sheet 6 [HB1556 Detail]

Download: Hawaii-2017-HB1556-Introduced.html

`HOUSE OF REPRESENTATIVES	H.B. NO.	1556
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DESECRATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that television, movies, and social media have depicted Hawaii as an extremely attractive destination for sightseeing and outdoor adventures. Although tourism benefits our state by generating economic activity, the legislature recognizes the need to ensure that visitors and residents treat our cultural and historic resources with care and respect. In particular, our islands are home to a number of geological and archaeological features that are sacred to Native Hawaiians, including features that are considered places of worship or burial.

The purpose of this Act is to increase protection of the State's cultural and historic resources and facilitate enforcement of state law prohibiting acts of desecration by:

(1) Reducing the requisite state of mind for the criminal offense of desecration from "intentionally" to "knowingly"; and

(2) Simplifying the definition of "desecrate".

SECTION 2. Section 711-1107, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:

"(1) A person commits the offense of desecration if the person [~~intentionally~~] knowingly desecrates:

(a) Any public monument or structure;

(b) A place of worship or burial; or

(2) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating [~~in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action.~~] any monument, structure, place, or object described in subsection (1)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2017.

INTRODUCED BY:	_____________________________

Report Title:

Penal Code; Desecration; State of Mind; Definition

Description:

Reduces the requisite state of mind for the criminal offense of desecration from "intentionally" to "knowingly". Simplifies the definition of "desecrate".

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