Bill Text: HI HB2222 | 2018 | Regular Session | Introduced
Bill Title: Relating To Criminal Trespass.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-02-09 - The committee(s) on WAL recommend(s) that the measure be deferred. [HB2222 Detail]
Download: Hawaii-2018-HB2222-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2222 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMINAL TRESPASS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that chronic illegal activity and disruptive behavior in public parks and recreational grounds is a major issue in Hawaii. The legislature further finds that the imposition of a criminal penalty for every trespass onto a public park or recreational ground has a disproportionate punitive impact on homeless individuals who have limited options for places to be and limited resources to correct their unlawful behavior. A more appropriate approach is to encourage good behavior in public spaces by issuing written warnings and temporarily prohibiting individuals who engage in unlawful activity from remaining in or upon public parks or recreational grounds before imposing criminal penalties. Criminal penalties should be reserved for those individuals who continuously trespass onto public parks or recreational grounds despite previous attempts to discourage the illegal behavior.
The purpose of this Act is to preserve the open and public nature of Hawaii's parks and recreational grounds by:
(1) Amending the penalty for criminal trespass onto public parks and recreational grounds; and
(2) Requiring law enforcement officers to provide homeless individuals who trespass onto public parks and recreational grounds with information regarding homeless facilities and safe zones.
SECTION 2. Section 708-814.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-814.5[]] Criminal trespass onto public parks and
recreational grounds. (1) A person commits the offense of criminal
trespass onto public parks and recreational grounds if the person remains
unlawfully in or upon a public park or recreational ground after a request to
leave is made by any law enforcement officer, when the request is based upon
violation by the person of any term of use specified on a sign or notice posted
on the property, or based on violation of any term of use contained in, or the
expiration of, any permit relating to the person's presence on the property.
(2) For the purposes of this section, unless the context requires otherwise:
"Homeless" has the same
meaning as in section 346-361.
"Homeless facilities"
has the same meaning as in section 346-361.
"Law enforcement officer" has the same meaning as in section 710-1000.
"Public park or recreational ground" means any park, park roadway, playground, athletic field, beach, shore, beach or shore right-of-way, tennis court, golf course, swimming pool, or other recreational area or facility under control, maintenance, and management of the State or any of the counties.
(a) For a first offense, the person
shall be issued a written warning; provided that if the person is homeless, the
person shall also be given information on homeless shelters, services,
facilities, and safe zones in the area;
(b) For a second offense, the person
shall be prohibited from remaining in or upon the public park or recreational
ground for a period of forty-five days; provided that any property abandoned or
seized in or upon the public park or recreational ground shall be disposed of
in accordance with section 171-31.5;
(c) For a third or subsequent offense,
the person shall be:
(i) Prohibited from remaining in or upon
the public park or recreational ground for a period of up to three years;
provided that any property abandoned or seized in or upon the public park or
recreational ground shall be disposed of in accordance with section 171-31.5;
and
(ii) Guilty of a petty misdemeanor;
provided that a court may grant community service in lieu of a fine under this
subparagraph."
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 upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Criminal Trespass; Public Park or Recreational Ground; Homeless
Description:
Amends
the penalty for criminal trespass onto public parks and recreational
grounds. Requires law enforcement
officers to provide homeless individuals who trespass onto public parks and
recreational grounds with information regarding homeless shelters, services, facilities,
and safe zones.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
