THE SENATE	S.B. NO.	353
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO TRESPASS.

 

 

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

 

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§708-    Enforcement of trespass laws on public land.  When trespass involves public land, any state or county law enforcement officer shall be authorized to and shall enforce the trespass laws of this part without regard to whether the land is owned by the State or by a county; provided that nothing in this section shall be construed to alter the existing responsibility of law enforcement officers to enforce, as applicable, the laws of the State, or to alter the respective jurisdictional boundaries observed by state and county law enforcement officers."

     SECTION 2.  This Act shall not be construed to prohibit any person from exercising native Hawaiian rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes pursuant to article XII, section 7, of the Hawaii State Constitution.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

Report Title:

Trespass; Public Land; Ownership; Enforcement

 

Description:

Clarifies that when trespass involves public land, all state and county law enforcement officers are authorized to and shall enforce trespass laws, without regard to whether the land is owned by the State or by a county.  (SD2)

 

 

 

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