Bill Text: HI SB566 | 2020 | Regular Session | Introduced
Bill Title: Relating To The Penal Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2020-06-22 - Received notice of discharge of all House conferees (Hse. Com. No. 363). [SB566 Detail]
Download: Hawaii-2020-SB566-Introduced.html
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THE SENATE |
S.B. NO. |
566 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to THE PENAL CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that objects, such as tents and other illegal structures, that obstruct public sidewalks are increasingly being anchored or attached to adjacent property, such as fences belonging to private owners. The legislature further finds that existing law does not appear to empower law enforcement officers to summarily detach these objects from the private property. Complaints about objects attached to fences or other structures are likely to be treated as civil complaints that property owners must initiate through the courts.
The purpose of this Act is to prevent the attachment of objects to fences and other structures without permission, and facilitate the removal of objects attached in this manner, by establishing the criminal offense of unauthorized attachment of an object to a fence, gate, or wall.
SECTION 2. 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- Unauthorized attachment of an object to a fence, gate, or wall; penalty. (1) A person commits the offense of unauthorized attachment of an object to a fence, gate, or wall if the person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without permission from the owner.
(2) The owner, acting in good faith, may
summarily detach the object and shall not be subject to liability, except for
any damages that may result from the owner's gross negligence or wanton acts or
omissions. A law enforcement officer, at
the request of the owner, may summarily detach the object. Subsequent removal of the object may be
conducted at the law enforcement officer's discretion, but only pursuant to a
state law or county ordinance that authorizes the removal.
(3) Unauthorized attachment of an object to a fence, gate, or wall is a violation; provided that a second or subsequent offense committed within one year of a prior conviction for the same offense is a petty misdemeanor.
(4) For purposes of this section,
"owner" means:
(a) The owner of
the fence, gate, wall, or other structure or barrier; or
(b) The owner,
agent, tenant, lessor, or sublessor of the real property on which the fence,
gate, wall, or other structure or barrier is situated, or their respective assigns
or successors in interest."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Penal Code; Offenses Against Property Rights; Unauthorized Attachment of Object
Description:
Establishes the offense of unauthorized attachment of an object to a fence, gate, or wall, which is committed when a person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without the owner's permission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
