Bill Text: HI HB669 | 2025 | Regular Session | Introduced
Bill Title: Relating To Nuisance Abatement.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (N/A) 2025-01-17 - Pending introduction. [HB669 Detail]
Download: Hawaii-2025-HB669-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
669 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to nuisance abatement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that law enforcement has often used nuisance abatement laws to hold owners and landlords accountable for allowing known criminal activities to occur on their real property. However, the nuisance abatement law currently does not give citizens who bring suit against a place used for illegal gambling the same rights and protections of victims of crime, and it does not provide the same rights and protections provided to citizens who bring suit against a place used for fireworks related offenses or drug offenses. Further, the financial penalties for property owners are minimal and discretionary, providing little incentive for property owners to make sincere efforts to prevent illegal gambling activity on their property.
The purpose of this Act is to:
(1) Impose a mandatory fine of $5,000 per violation for nuisance abatement laws related to gambling offenses; and
(2) Authorize citizens who bring civil nuisance abatement suits against places used for illegal gambling the same rights and protections as those afforded to victims and witnesses in criminal proceedings.
SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§712- Fines;
gambling. In addition to any other penalty that may be
imposed for a violation of part III of this chapter, the court shall impose a
mandatory fine of $5,000 per violation upon any property owner found to have
violated nuisance abatement laws under part V of this chapter related to
gambling offenses."
SECTION 3. Section 712-1270.3, Hawaii Revised Statutes, is amended to read as follows:
"§712-1270.3 Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:
(1) Fireworks related
offenses contained in section 132D-14(a)(1) or (3); [or]
(2) Drug offenses
under part IV of this chapter or who files a complaint with the local police or
drug nuisance abatement unit of the department of the attorney general[,];
or
(3) Gambling
offenses under part III of this chapter,
shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Nuisance Abatement; Gambling Offenses; Mandatory Fine
Description:
Requires the court to impose a mandatory fine per violation for nuisance abatement laws related to gambling offenses. Allows citizens who bring civil nuisance abatement suits against places used for illegal gambling the same rights and protections as those afforded to victims and witnesses in criminal proceedings.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
