Bill Text: HI HB1005 | 2025 | Regular Session | Introduced
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-23 - Referred to JHA, FIN, referral sheet 3 [HB1005 Detail]
Download: Hawaii-2025-HB1005-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1005 |
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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 FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a more robust continuum of enforcement mechanisms must be established to promote compliance
with the fireworks control laws, including graduated penalties for repeat or felony
level offenses, enhanced penalties for offenses that result in injury or death,
and a dedicated adjudication system for fireworks infractions, similar to the existing
traffic infraction system. Creating a fireworks
infractions system will allow law enforcement agencies and the judiciary to quickly
and efficiently process low-level cases, while also allowing them to prioritize
higher-level cases as appropriate.
SECTION 2. The Hawaii Revised Statutes
is amended by adding to title 38 a new chapter to be appropriately designated and
to read as follows:
"CHAPTER
ADJUDICATION OF FIREWORKS INFRACTIONS
§ -1 Definitions. As used in this chapter:
"Concurrent trial" means a trial proceeding held in the
district or family court in which the defendant is tried simultaneously in a civil
case for any charged fireworks infraction and in a criminal case for any related
criminal offense, with trials to be held in one court on the same date and at the
same time.
"Fireworks infraction" means any violation of chapter 132D,
any rule adopted pursuant to chapter 132D, or any county ordinance or rule enacted
pursuant to chapter 132D, for which the prescribed penalties do not include imprisonment
and that are not otherwise specifically excluded from coverage of this chapter.
"Hearing" means a proceeding conducted by the district
court pursuant to section -7 at which the
defendant to whom a notice of infraction was issued either admits to the infraction,
contests the infraction, or admits to the infraction but offers an explanation to
mitigate the monetary assessment imposed.
"Law enforcement officer" means any employee of any county,
state, federal, or military agency authorized by law to issue a notice of infraction.
"Notice of infraction" means the citation form that is
issued to the defendant at or after the time of the fireworks infraction and notifies
the defendant of the infraction the defendant is charged with committing.
"Related criminal offense" means any criminal violation
or crime, committed in the same course of conduct as a fireworks infraction, for
which the defendant is arrested or charged.
"Trial" means a trial conducted by the district court pursuant
to the rules of the district court and the Hawaii rules of evidence.
§ -2 Applicability. (a) All
fireworks infractions, including fireworks infractions committed by minors, shall
be adjudicated pursuant to this chapter, except as provided in subsection (b). This chapter shall be applied uniformly throughout
the State and in all counties. No penal sanction
that includes imprisonment shall apply to a violation of state statute or rule,
or county ordinance or rule, that would constitute a fireworks infraction under
this chapter. No fireworks infraction shall
be classified as a criminal offense.
(b) Where a defendant is charged
with a fireworks infraction and the fireworks infraction is committed in the same
course of conduct as a criminal offense for which the offender is arrested or charged,
the fireworks infraction shall be adjudicated pursuant to this chapter; provided
that the court may schedule any initial appearance, hearing, or trial on the fireworks
infraction at the same date, time, and place as the arraignment, hearing, or trial
on the related criminal offense.
Notwithstanding this subsection or subsection (c), the court shall
not schedule any initial appearance, hearing, or trial on the fireworks infraction
at the same date, time, and place as the arraignment, hearing, or trial on the related
criminal offense where the related criminal offense is a felony or is a misdemeanor
for which the defendant has demanded a jury trial.
(c) If the defendant requests
a trial pursuant to section -11, the trial
shall be held in the district court of the circuit in which the fireworks infraction
was committed. If the court schedules a concurrent
trial pursuant to paragraph (1), the concurrent trial shall be held in the appropriate
district or family court of the circuit in which the fireworks infraction was committed,
whichever has jurisdiction over the related criminal offense charged pursuant to
the applicable statute or rule of court; provided that:
(1) The district or family court, for the purpose of trial, may schedule a civil trial on the fireworks infraction on the same date and at the same time as a criminal trial on the related criminal offense charged. The court shall enter a civil judgment as to the fireworks infraction and a judgment of conviction or acquittal as to the related criminal offense following the concurrent trial; and
(2) If the trial on the fireworks infraction is held separately from and before trial
on any related criminal offense, the following shall be inadmissible in the prosecution
or trial of the related criminal offense, except as expressly provided by the Hawaii
rules of evidence:
(A) Any written or oral statement made by the defendant in proceedings conducted pursuant to section -6(b); and
(B) Any testimony given
by the defendant in the trial on the fireworks infraction.
These statements or testimony shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.
(d) In no event shall section
701-109 preclude prosecution for a related criminal offense where a fireworks infraction
committed in the same course of conduct has been adjudicated pursuant to this chapter.
(e) If the defendant fails
to appear at any scheduled court date before the date of trial or concurrent trial
and:
(1) The defendant's civil liability
for the fireworks infraction has not yet been adjudicated pursuant to section -7, the court shall enter a judgment by default
in favor of the State for the fireworks infraction unless the court determines that
good cause or excusable neglect exists for the defendant's failure to appear; or
(2) The defendant's civil liability
for the fireworks infraction has been adjudicated previously pursuant to section -7, the judgment earlier entered in favor of
the State shall stand unless the court determines that good cause or excusable neglect
exists for the defendant's failure to appear.
(f) If the defendant fails
to appear at any scheduled court date prior to concurrent trial or fails to appear
for concurrent trial scheduled pursuant to subsection (c)(1), the court shall enter
a disposition pursuant to the Hawaii rules of penal procedure for the criminal offense.
§ -3 Venue and jurisdiction. (a) All
fireworks infractions shall be adjudicated in the district and circuit where the
alleged infraction occurred, except as otherwise provided by law.
(b) Except as otherwise provided
by law, jurisdiction is in the district court of the circuit where the alleged fireworks
infraction occurred. Except as otherwise
provided in this chapter, district court judges shall adjudicate fireworks infractions.
§ -4 Notice of infraction; form; determination final
unless contested. (a) The notice of infraction shall include the summons
for the purposes of this chapter. Whenever
a notice of infraction is issued, and to the extent practicable, the defendant's
signature, driver's license number or state identification number, current mailing
address, and electronic mail address shall be included on the notice. If the defendant refuses to sign the notice of
infraction, or refuses to provide any other required information, the law enforcement
officer shall record this refusal on the notice and issue the notice to the defendant. Anyone to whom a notice of infraction is issued
under this chapter need not be arraigned before the court, unless required by rule
of the supreme court.
(b) The form for the notice
of infraction shall be prescribed by rules of the district court, which shall be
uniform throughout the State; provided that each judicial circuit may include differing
statutory, rule, or ordinance provisions on its respective notice of infraction.
(c) A notice of infraction
that is generated by the use of electronic equipment or that bears the electronically
stored image of any defendant's signature, or both, shall be valid under this chapter.
(d) The notice of infraction
shall include the following:
(1) A statement of the specific
fireworks infraction for which the notice was issued;
(2) A brief statement of the
facts;
(3) A statement of the total amount to be paid for each fireworks infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and any monetary assessment established pursuant to section -8, to be paid by the defendant to whom the notice was issued, which shall be uniform throughout the State;
(4) A statement of the options provided in section -5(b) for answering the notice and the procedures necessary to exercise the options;
(5) A statement that the defendant to whom the notice is issued shall answer, choosing one of the options specified in section -5(b), within twenty-one days of issuance of the notice;
(6) A statement that failure to answer the notice within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty;
(7) A statement that, at a hearing requested to contest the notice, pursuant to section -7, no law enforcement officer shall be present unless the defendant timely requests the court to have the law enforcement officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified fireworks infraction was committed;
(8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the fireworks infraction or in consideration of a written request for mitigation, the defendant shall be considered to have committed the fireworks infraction;
(9) A space in which the signature of the defendant to whom the notice of infraction was issued may be affixed; and
(10) The date, time, and place at which the
defendant to whom the notice was issued shall appear in court, if the defendant is required by the notice to appear in person at the hearing.
(e) A citation shall not be
dismissed for failure to include any information described in subsection (d).
§ -5 Answer required. (a) A defendant who receives a notice of infraction
shall answer the notice within twenty-one days of the date of issuance of the notice. There shall be included with the notice of infraction
a preaddressed envelope directed to the designated district court.
(b) Provided that the notice
of infraction does not require an appearance in person at a hearing as set forth
in section -4(d)(10), in answering a notice
of infraction, a defendant shall have the following options:
(1) Admit the commission of
the fireworks infraction in one of the following ways:
(A) By mail or in person,
by completing the appropriate portion of the notice of infraction or preaddressed
envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of infraction. Payment by mail shall be in the form of a check,
money order, or by an approved credit or debit card. Payment in person shall be in the form of United
States currency, check, money order, or by an approved credit or debit card; or
(B) Via the Internet or by telephone, by submitting payment of the total amount
stated on the notice of infraction. Payment
via the Internet or by telephone shall be by an approved credit or debit card;
(2) Deny the commission of
the fireworks infraction and request a hearing to contest the fireworks infraction
by completing the appropriate portion of the notice of infraction or preaddressed
envelope and submitting it, either by mail or in person, to the authority specified
on the notice. In lieu of appearing in person
at a hearing, the defendant may submit a written statement of grounds on which the
defendant contests the notice of infraction, which shall be considered by the court
as a statement given in court pursuant to section -6(b)(2); or
(3) Admit the commission of
the fireworks infraction and request a hearing to explain circumstances mitigating
the fireworks infraction by completing the appropriate portion of the notice of infraction or preaddressed envelope and submitting
it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the
defendant may submit a written explanation of the mitigating circumstances, which
shall be considered by the court as a statement given in court pursuant to section -6(c)(2).
(c) When answering the notice
of infraction, the defendant shall affix the defendant's signature to the answer
and shall state the address at which the defendant will accept future mailings from
the court. No other response shall constitute
an answer for purposes of this chapter.
§ -6 Court action after answer or failure to answer. (a)
When an admitting answer is received, the court shall enter judgment in favor
of the State in the total amount specified in the notice of infraction.
(b) When a denying answer
is received, the court shall proceed as follows:
(1) In the case of a fireworks
infraction where the defendant requests a hearing at which the defendant will appear
in person to contest the fireworks infraction, the court shall notify the defendant in writing of the date, time,
and place of hearing to contest the notice of infraction. The notice of hearing shall be mailed to the address
stated in the denying answer, or if none was given, to the address stated on the
notice of infraction. If no address was provided,
an electronic copy of the notice of hearing may be sent to the electronic mail address
stated on the notice of infraction. The notification
shall also advise the defendant that, if the defendant fails to appear at the hearing,
the court shall enter judgment by default in favor of the State, as of the date
of the scheduled hearing, and that the total amount specified in the default judgment
shall be paid within thirty days of entry of default judgment; and
(2) When a denying answer is
accompanied by a written statement of the grounds on which the defendant contests
the notice of infraction, the court shall proceed as provided in section -7(a) and shall notify the defendant of its
decision, including the total amount assessed, if any, by mailing the notice of
entry of judgment within forty-five days of the postmarked date of the answer to
the address provided by the defendant in the denying answer, or if none was given,
to the address given when the notice of infraction was issued. If no address was provided, an electronic copy
of the notice of entry of judgment may be sent to the electronic mail address stated
on the notice of infraction. The notice of
entry of judgment shall also advise the defendant, if it is determined that the
fireworks infraction was committed and judgment is entered in favor of the State,
that the defendant has the right, within thirty days of entry of judgment, to request
a trial and shall specify the procedures for doing so. The notice of entry of judgment shall also notify
the defendant, if an amount is assessed by the court for monetary assessments, fees,
surcharges, or costs, that if the defendant does not request a trial within the
time specified in this paragraph, the total amount assessed shall be paid within
thirty days of entry of judgment.
(c) When an answer admitting
commission of the firework infraction but seeking to explain mitigating circumstances
is received, the court shall proceed as follows:
(1) In the case of a fireworks
infraction where the defendant requests a hearing at which the defendant will appear
in person to explain mitigating circumstances, the court shall notify the defendant
in writing of the date, time, and place of the hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address
stated in the answer, or if none was given, to the address stated on the notice
of infraction. If no address was provided,
an electronic copy of the notice of hearing may be sent to the electronic mail address
stated on the notice of infraction. The notification
shall also advise the defendant that, if the defendant fails to appear at the hearing,
the court shall enter judgment by default in favor of the State, as of the date
of the scheduled hearing, and that the total amount stated in the default judgment
shall be paid within thirty days of entry of default judgment; and
(2) If a written explanation
is included with an answer admitting commission of the fireworks infraction, the
court shall enter judgment for the State and, after reviewing the explanation, determine
the total amount of the monetary assessments, fees, surcharges, or costs to be assessed,
if any. The court shall then notify the defendant
of the total amount to be paid for the fireworks infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments,
fees, surcharges, or costs, the court shall also notify the defendant that the total
amount shall be paid within thirty days of entry of judgment.
(d) If the defendant fails
to answer within twenty-one days of issuance of the notice of infraction, the court
shall take action as provided in subsection (e).
(e) Whenever judgment by default
in favor of the State is entered, the court shall mail a notice of entry of default
judgment to the address provided by the defendant when the notice of infraction
was issued, or if none was provided, to the electronic mail address stated on the
notice of infraction. The notice of entry
of default judgment shall advise the defendant that the total amount specified in
the default judgment shall be paid within thirty days of entry of default judgment
and shall explain the procedure for setting aside a default judgment. Judgment by default for the State entered pursuant
to this chapter may be set aside pending final disposition of the fireworks infraction
upon written application of the defendant and posting of an appearance bond equal
to the amount of the total amount specified in the default judgment and any other
assessment imposed pursuant to section
-8. The application shall show good
cause or excusable neglect for the defendant's failure to take action necessary
to prevent entry of judgment by default.
Thereafter, the court shall determine whether good cause or excusable neglect
exists for the defendant's failure to take action necessary to prevent entry of
judgment by default. If so, the application
to set aside default judgment shall be granted, the default judgment shall be set
aside, and the notice of infraction shall be disposed of pursuant to this chapter. If not, the application to set aside default judgment
shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts
due under the default judgment, and the notice of infraction shall be finally disposed. In either case, the court shall determine the
existence of good cause or excusable neglect and notify the defendant of its decision
on the application in writing.
§ -7 Hearings. (a) In proceedings to contest a notice of infraction
where the defendant to whom the notice was issued has timely requested a hearing
and appears at the hearing:
(1) In lieu of the personal
appearance by the law enforcement officer who issued the notice of infraction, the court shall consider the notice of infraction and any other relevant
evidence, together with any oral or written statement by the defendant to whom the
notice of infraction was issued;
(2) The court may compel by
subpoena the attendance of the officer who issued the notice of fireworks infraction and other witnesses from whom it may wish to hear;
(3) The standard of proof to be applied by the court shall be whether, by a preponderance
of the evidence, the court finds that the fireworks infraction was committed; and
(4) After due consideration
of the evidence and arguments, if any, the court shall determine whether commission
of the infraction has been established. Where
the commission of the fireworks infraction has not been established, judgment in
favor of the defendant, dismissing the notice of infraction or any count therein
with prejudice, shall be entered in the record.
Where it has been established that the fireworks infraction was committed,
the court shall enter judgment in favor of the State and shall assess a monetary
assessment pursuant to section -8, together
with any fees, surcharges, or costs. The
court also shall inform the person of the right to request a trial pursuant to section -11.
If the person requests a trial at the time of the hearing, the court shall
provide the person with the trial date as soon as practicable.
(b) In proceedings to explain
mitigating circumstances where the person to whom the notice of infraction was issued
has timely requested a hearing and appears at the hearing:
(1) The procedure shall be limited to the issue of mitigating circumstances. A person who requests to explain the circumstances shall not be permitted to contest the notice of infraction;
(2) After the court has received the explanation, the court may enter judgment in favor of the State and may assess a monetary assessment pursuant to section -8, together with any fees, surcharges, or costs;
(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of infraction or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and
(4) There shall
be no appeal from the judgment.
(c) If a person, for whom
a hearing has been scheduled to contest the notice of infraction or to explain mitigating
circumstances, fails to appear at the hearing, the court shall enter judgment by
default for the State and take action as provided in section -6(e).
§ -8 Monetary assessments. (a) A defendant
found to have committed a fireworks infraction shall be assessed a monetary assessment
not to exceed the maximum fine specified in the law or rule defining the fireworks
infraction. The court shall consider the
defendant's financial circumstances, if disclosed, in determining the monetary assessment.
(b) In addition to any monetary
assessment imposed for a fireworks infraction, the court may impose additional assessments
for:
(1) Failure to pay a monetary assessment by the scheduled date of payment; and
(2) The cost
of service of a penal summons issued pursuant to this chapter.
(c) In addition to any monetary
assessment imposed for a fireworks infraction, the court shall impose administrative
costs of $20 for each fireworks infraction in which judgment is entered in favor
of the State. The clerk of the district court
shall deposit the administrative costs collected into the judiciary computer system
special fund pursuant to section 601-3.7.
(d) Upon request of a defendant
claiming inability to pay a monetary assessment, the court may grant an extension
of the period in which the monetary assessment shall be paid or may impose community
service in lieu thereof.
(e) At any point before full
payment of a monetary assessment, any person who suffers a change in financial circumstances
may request a hearing to modify the monetary assessment or to request community
service in lieu thereof.
§ -9 Time computation. In computing any period of time prescribed or
allowed by this chapter, the day of the act, event, or default from which the period
of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a
Saturday, Sunday, or state holiday, in which event the period runs until the end
of the next day that is not a Saturday, Sunday, or state holiday. Intermediate Saturdays,
Sundays, and state holidays shall be included.
Whenever an act required to be performed under this chapter may be accomplished
by mail, the act shall be deemed to have been performed on the date of the postmark
on the mailed article.
§ -10 Powers of the district court judge hearing cases
pursuant to this chapter. (a) A district court judge hearing cases pursuant
to this chapter shall have all the powers of a district court judge under chapter
604, including the following powers:
(1) To conduct fireworks infraction hearings and impose monetary assessments;
(2) To permit deferral of monetary assessments or impose community service in lieu thereof;
(3) To dismiss a notice of infraction, with or without prejudice, or set aside a judgment for the State;
(4) To issue penal summonses and bench
warrants and initiate contempt of court proceedings
in proceedings conducted pursuant to section
-11;
(5) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section -4(d)(10); and
(6) To exercise other powers the court
finds necessary and appropriate to carry out the
purposes of this chapter.
§ -11 Trial and concurrent trial. (a) There
shall be no right to trial unless the defendant contests the notice of infraction
pursuant to section -7. If, after proceedings to contest the notice of
infraction, a determination is made that the defendant committed the fireworks infraction,
judgment shall enter in favor of the State.
The defendant may request a trial pursuant to the Hawaii rules of evidence
and the rules of the district court; provided that any request for trial shall be
made within thirty days of entry of judgment.
If, after appearing in person at a hearing to contest the notice of infraction,
the defendant requests a trial at the conclusion of the hearing, the court shall
provide the defendant with the trial date as soon as practicable.
(b) At the time of trial the
State shall be represented by a prosecuting attorney of the county in which the
fireworks infraction occurred. The prosecuting
attorney shall orally recite the charged fireworks infraction in court before commencement
of the trial. Proof of the defendant's commission
of the fireworks infraction shall be by a preponderance of the evidence.
(c) If trial on the fireworks
infraction is held before trial on any related criminal offense, the following shall
be inadmissible in the subsequent prosecution or trial of the related criminal offense:
(1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section -6(b); and
(2) Any testimony
given by the defendant in the trial on the fireworks infraction.
The statement or testimony,
or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination
in connection with any related criminal offense.
(d) In any concurrent trial,
the State shall be represented by a prosecuting attorney of the county in which
the infraction and related crime occurred.
Proof of the defendant's commission of the infraction shall be by a preponderance
of the evidence, and proof of the related criminal offense shall be by proof beyond
a reasonable doubt. The concurrent trial
shall be conducted pursuant to the rules of the appropriate court, Hawaii rules
of evidence, and Hawaii rules of penal procedure.
§ -12 Rules.
(a) The supreme court may adopt rules
of procedure for the conduct of all proceedings pursuant to this chapter.
(b) Chapter 626 shall not
apply in proceedings conducted pursuant to this chapter, except for the rules governing
privileged communications, and proceedings conducted under section -11.
(c) Notwithstanding section
604-17, while the court is sitting in any matter pursuant to this chapter, the court
shall not be required to preserve the testimony or proceedings, except proceedings
conducted pursuant to section -11 and proceedings
in which the fireworks infraction is heard on the same date and time as any related
criminal offense.
(d) The prosecuting attorney
shall not participate in fireworks infraction proceedings conducted pursuant to
this chapter, except proceedings pursuant to section -11 and proceedings in which a related criminal
offense is scheduled for arraignment, hearing, or concurrent trial.
(e) Chapter 91 shall not apply
in proceedings before the court.
(f) Except as otherwise provided
in section -2, chapter 571 and the Hawaii
family court rules shall not apply in any proceedings conducted pursuant to this
chapter."
SECTION 3. Chapter 132D, Hawaii
Revised Statutes, is amended by adding seven new sections to be appropriately designated
and to read as follows:
"§132D-A
General fireworks or articles pyrotechnic prohibitions in the second degree. (a)
A person commits the offense of general fireworks or articles
pyrotechnic prohibitions in the second degree if the person intentionally, knowingly,
or recklessly sets off, ignites, discharges, or otherwise
causes to explode any aerial devices, display fireworks, or articles pyrotechnic:
(1) Within one thousand
feet of any operating hospital, licensed convalescent home, licensed home for the
elderly, zoo, licensed animal shelter, or licensed animal hospital;
(2) In any school
building, or on any school grounds or yards without first obtaining authorization
from appropriate school officials;
(3) On any highway,
alley, street, sidewalk, or other public way; in any park; on any public beach;
in any officially designated forest or wildlife preserve; within fifty feet of a
canefield; or within one thousand feet of any building used for public worship during
the periods when services are held; or
(4) Within five hundred
feet of any dwelling.
(b) The state of mind requirement
for the offense under subsection (a)(1), (3), and (4) shall not be applicable to
whether the person was aware that the person was within the designated distance
from an operating hospital, licensed convalescent home, licensed home for the elderly,
zoo, licensed animal shelter, or licensed animal hospital, canefield, building used
for public worship, or hotel. A person shall
be strictly liable with respect to the attendant circumstance that the person was
within the designated distance from a prohibited place, at the time of incident.
(c) Except as provided
in subsection (d), (e), and (f), the offense of general fireworks or articles
pyrotechnic prohibitions in the second degree shall be a misdemeanor.
(d) The offense of general
fireworks or articles pyrotechnic prohibitions in the second degree shall be a class
C felony if the person has been convicted one or more times for any offense under
this chapter within ten years of the current offense.
(e) The offense of
general fireworks or articles pyrotechnic prohibitions in the second degree shall
be a class B felony if any of the aerial devices, display
fireworks, or articles pyrotechnic set off, ignited, discharged, or otherwise caused
to explode in the commission of the offense cause substantial bodily injury to another
person.
(f) The offense of
general fireworks or articles pyrotechnic prohibitions in the second degree shall
be a class A felony if any of the aerial devices, display fireworks, or articles
pyrotechnic set off, ignited, discharged, or otherwise caused to explode in the
commission of the offense cause serious bodily injury or death to another person.
(g) The state of mind requirement
for subsections (e) and (f) shall not be applicable to whether the person was aware
the aerial devices, display fireworks, or articles pyrotechnic caused or would cause
the injury or death. A person shall be strictly
liable with respect to the result that the aerial devices, display fireworks, or
articles pyrotechnic caused the injury or death.
§132D-B Sending
or receiving fireworks or articles pyrotechnic by air delivery; prohibited. (a) A person commits the offense of sending or receiving
fireworks or articles pyrotechnic by air delivery if the
person intentionally, knowingly, or recklessly sends or receives any amount of consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic via any form
of air delivery, including but not limited to any private courier, commercial carrier,
mail or postal services.
(b) Except as provided
in subsections (c) and (d), the offense of sending or receiving fireworks or
articles pyrotechnic by air delivery shall be a class C felony.
(c) The offense of sending
or receiving fireworks or articles pyrotechnic by air delivery shall be a class
B felony if:
(1) The person has
been convicted one or more times for any offense under this chapter within ten years
of the current offense; or
(2) The total weight
of the consumer fireworks, aerial devices, display fireworks, and articles pyrotechnic
sent or received in the commission of the offense is five pounds or more but less
than twenty-five pounds.
(d) The offense of sending
or receiving fireworks or articles pyrotechnic by air delivery shall be a class
A felony if the total weight of the consumer fireworks, aerial devices, display
fireworks, and articles pyrotechnic sent or received in the commission of the
offense is twenty-five pounds or more.
§132D-C Distributing
fireworks or articles pyrotechnic to non-permit holder. (a) A person commits the offense of distributing
fireworks or articles pyrotechnic to non-permit holder when the person, who holds
a valid license required pursuant to section 132D-7, intentionally, knowingly, or
recklessly distributes consumer fireworks, aerial devices, display fireworks, or
articles pyrotechnic to another person who does not have a valid permit required
pursuant to sections 132D-10 and 132D-16.
(b) Except as provided
in subsection (c) and (d), the offense of distributing fireworks or articles
pyrotechnic to non-permit holder shall be a class C felony.
(c) The offense of distributing
fireworks or articles pyrotechnic to non-permit holder shall be a class B felony
if:
(1) The person has
been convicted one or more times for any offense under this chapter within ten years
of the current offense; or
(2) Any of the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic
distributed in the commission of the offense cause substantial bodily injury to
another person.
(d) The offense of
distributing fireworks or articles pyrotechnic to non-permit holder shall be a class
A felony if any of the consumer fireworks, aerial devices, display fireworks, or
articles pyrotechnic distributed in the commission of the offense cause serious
bodily injury or death to another person.
(e) The state of mind requirement
for subsections (c)(2) and (d) shall not be applicable to whether the person was
aware the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic
caused or would cause the injury or death.
A person shall be strictly liable with respect to the result that the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic caused the
injury or death.
§132D-D Removal or extraction of pyrotechnic contents;
prohibited. Any person who removes or
extracts the pyrotechnic contents from any consumer fireworks, aerial devices, display
fireworks, or articles pyrotechnic shall be guilty of a class C felony.
§132D-E Consumer
fireworks prohibitions. (a) It shall be unlawful for any person to:
(1) Purchase, possess,
set off, ignite, discharge, or otherwise cause to explode any consumer fireworks
without a permit required pursuant to section 132D-10; or
(2) Set off, ignite,
discharge, or otherwise cause to explode any consumer fireworks at any time not
within the periods for use prescribed in section 132D-3.
(b) It shall be unlawful
for any person to distribute consumer fireworks:
(1) More than five
calendar days before the time periods for permissible use under section 132D-3;
or
(2) After 12:01 a.m.
on New Year's Day, 6:00 p.m. on Chinese New Year's Day, or 8:00 p.m. on the Fourth
of July.
(c) The state of mind requirement
for the offense under subsections (a)(2) and (b) shall not be applicable to whether
the person was aware of the date or time at the time of offense, or whether the
date and time of offense fell within the prohibited periods. A person shall be strictly liable with respect
to the date and time of any act proven to have occurred, and with respect to the
attendant circumstance that the date and time fell within the prohibited dates and
times provided in subsections (a)(2) and (b).
(d) Any person who violates subsection (a) shall be
subject to a $200 fine; any person who violates subsection (b) shall be subject
to a $1,000 fine; and any person who violates this section shall be subject to proceedings
under chapter ; provided that nothing in
this section shall be construed to prohibit prosecution under section 132D-7, 132D-8.6,
or any other provision under this chapter.
(b) If the officer has reasonable grounds to believe
that the person is being deceptive or misleading in providing the person's name
or address, the person shall provide proof thereof, upon the lawful order or direction
of the law enforcement officer.
(c) Refusal to provide identification pursuant to
this section shall be a petty misdemeanor.
§132D-G Requirements of carrier. (a) Any carrier or person shipping consumer fireworks,
aerial devices, display fireworks, or articles pyrotechnic:
(1) Into the State shall notify the appropriate
county official and designated state law enforcement agencies at the time the booking
is made and, in any case, no later than fourteen days before arrival into the State;
or
(2) Interisland within the State shall notify the
appropriate county official and designated state law enforcement agencies at the
time the booking is made and, in any case, no later than five days before departing
from the island of origin;
provided that the notification shall include, when applicable, but
need not be limited to the container identification number, manifest, bill of lading,
consignee, freight forwarder, sailing vessel name, route number, date of
departure, and estimated date of arrival.
(b) For a first offense, or any offense not committed
within five years of a prior judgment for the State under this section, the carrier
or person shall be subject to a $1,000 fine.
(c) For a second offense committed within five years
of a prior judgment for the State under this section, the carrier or person shall
be subject to a $2,000 fine.
(d) For a third or subsequent offense committed within
five years of two or more prior judgements for the State under this section, the
carrier or person shall be subject to a $5,000 fine.
(e) All violations of this section shall be subject
to proceedings under chapter . Nothing in this section shall be construed to
prohibit criminal prosecution under section 132D-8.6 or any other section of this
chapter."
SECTION 4. Section 132D-2, Hawaii Revised Statutes, is amended as follows:
1. By adding five new definitions
to be appropriately inserted and to read:
""Carrier" means any shipper or anyone who transports
goods, merchandise, property, or people by rail car, aircraft, motor vehicle, or
vessel.
"Distribute" or "distribution" means to sell,
transfer, deliver to another, give or deliver to another, or to leave, barter, exchange
with another, or to offer or agree to do the same.
"Dwelling" means a building that is used or usually
used by a person for lodging.
"Serious bodily injury" means bodily injury that creates
a substantial risk of death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or organ.
"Substantial bodily injury" means bodily injury that
causes:
(1) A major avulsion,
laceration, or penetration of the skin;
(2) A burn of at
least second degree severity;
(3) A bone fracture;
(4) A serious concussion;
or
(5) A tearing, rupture,
or corrosive damage to the esophagus, viscera, or other internal organs."
2. By amending the definition
of "aerial device" to read:
""Aerial device" means any fireworks [containing
one hundred thirty milligrams or less of explosive materials that produces an audible
or visible effect and is designed to rise] that upon ignition, discharge,
or otherwise being set off rises more than twelve feet into the air and [explode
or detonate] then combusts, explodes, deflagrates, or detonates in the
air, shoots or emits flaming balls, or [to fly about above the ground,
and that is prohibited for use by any person who does not have a permit for display
issued by a county under section 132D-16.
"Aerial devices"] shoots or emits sparks. Alternatively, "aerial device" may include
but is not limited to any device classified as fireworks under UN0336 and UN0337
by the United States Department of Transportation as set forth in Title 49 Code
of Federal Regulations [include], which contains one hundred thirty milligrams
or less of explosive materials, including firework items commonly known as bottle
rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs,
roman candles, flying pigs, and jumping jacks that move about the ground farther
than a circle with a radius of twelve feet as measured from the point where the
item was placed and ignited, aerial shells, and mines."
3. By amending the
definition of "consumer fireworks" to read:
4. By amending the definition
of "display fireworks" to read:
""Display fireworks" means any fireworks designed
primarily for exhibition display by producing visible or audible effects and classified
as display fireworks or contained in the regulations of the United States Department
of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes
containing more than two grains (one hundred and thirty milligrams) of explosive
materials, aerial shells containing more than forty grams of pyrotechnic compositions,
and other display pieces which exceed the limits of explosive materials for classification
as "consumer fireworks". This term
also includes fused [setpieces] set pieces containing components,
which together exceed fifty milligrams of salute [power] powder. The use of display fireworks shall be prohibited
for use by any person who does not have a display permit issued by a county."
5. By amending the definition
of "fireworks" to read:
""Fireworks"
means any combustible or explosive composition, or any substance or combination
of substances, [or article prepared for the purpose of producing] that
produces a visible or audible effect by combustion, explosion, deflagration,
or detonation [and that meets the definition of aerial device or consumer or
display fireworks as defined by this section and contained], including but
not limited to aerial devices, consumer fireworks, or display fireworks, as defined
by this article. Fireworks also includes
but is not limited to aerial devices, consumer fireworks, or display fireworks,
as defined in the regulations of the United States Department of Transportation
as set forth in Title 49 Code of Federal Regulations. The term "fireworks" shall not include
any explosives or pyrotechnics regulated under chapter 396 or automotive safety
flares, nor shall the term be construed to include toy pistols, toy cannons, toy
guns, party poppers, pop-its, or [other] similar devices [which
contain twenty-five hundredths of a grain or less of explosive substance]."
6. By amending the definition
of "import" to read:
""Import" (and any nounal, verbal,
adjectival, adverbial, and other equivalent form of the term used interchangeably
in this chapter) means to bring or attempt to bring [fireworks] into the
State or to cause [fireworks] to be brought into the State[,] any
aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks,
as defined in this section or as defined by the United States Department of Transportation
as set forth in Title 49 Code of Federal Regulations, and includes [fireworks]
any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks
labeled or designated as samples, even if not intended for retail sale."
7. By amending the definition
of "pyrotechnic composition" or "pyrotechnic contents" to read:
""Pyrotechnic composition" or
"pyrotechnic contents" means the combustible or explosive component of
consumer fireworks[.], aerial devices, display fireworks, and articles
pyrotechnic."
8. By repealing the
definition of "law enforcement or fire officer".
[""Law enforcement or fire officer" means any law
enforcement officer having police power or county fire department officer, including
firefighters."]
SECTION 5. Section 132D-5, Hawaii Revised
Statutes, is amended to read as follows:
"§132D-5 General fireworks
or articles pyrotechnic prohibitions[.] in the
first degree. (a) It shall be unlawful for any person [without
a permit issued under section 132D-10 by a county fire department] to:
[(1) Remove or extract
the pyrotechnic contents from any fireworks or articles pyrotechnics;
(2)] (1) Throw, catapult, or otherwise manually propel
any ignited [fireworks:] consumer fireworks, aerial devices, display fireworks,
or articles pyrotechnic:
(A) From, at, or into
a vehicle;
(B) At a person or an animal; [and] or
(C) From above the first floor of any building; or
[(3)] (2) Set off, ignite, discharge, or otherwise cause
to explode any [fireworks:] consumer fireworks, aerial devices, display
fireworks, or articles pyrotechnic:
(A) [Above] From
above the first floor of any building;
(B) In any vehicle;
[(C) At any time
not within the periods for use prescribed in section 132D-3;
(D) Within one
thousand feet of any operating hospital, licensed convalescent home, licensed home
for the elderly, zoo, licensed animal shelter, or licensed animal hospital;
(E) In any school
building, or on any school grounds and yards without first obtaining authorization
from appropriate school officials;
(F) On any highway,
alley, street, sidewalk, or other public way; in any park; on any public beach;
in any officially designated forest or wildlife preserve; within fifty feet of a
canefield; or within one thousand feet of any building used for public worship during
the periods when services are held; and
(G) Within five
hundred feet of any hotel.
(b) It shall be unlawful
to purchase consumer fireworks more than five calendar days before the time periods
for permissible use under section 132D-3.
(c) It shall be unlawful
to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese
New Year's Day, and 8:00 p.m. on the Fourth of July.] or
(C) In any building;
provided that firecrackers shall be permitted if used in accordance with sections
132D-3 and 132D-10 and all other applicable state and county laws, ordinances, and
rules.
(b) Except as provided
in subsections (c) and (d), the offense of general fireworks or pyrotechnic prohibitions
in the first degree shall be a class C felony.
(c) If, in the commission
of the offense of general fireworks or articles pyrotechnic prohibitions in the
first degree, the person negligently causes substantial bodily injury to another
person, the person shall be guilty of a class B felony.
(d) If, in the commission
of the offense of general fireworks or articles pyrotechnic prohibitions in the
first degree, the person negligently causes serious bodily injury or death to another
person, the person shall be guilty of a class A felony."
SECTION 6. Section 132D-6,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-6 Exceptions. The prohibitions in [section] sections 132D-5, 132D-A, and 132D-D
do not apply to:
(1) The use of flares, noisemakers,
or signals for warning[,] or pest control, or for illumination
purposes by police and fire departments, utility companies, transportation agencies,
and other governmental or private agencies or persons, including agricultural operations,
in connection with emergencies, their duties, or business;
(2) The sale or use of blank
cartridges for a show or theater, or for signal, commercial, or institutional purposes
in athletics or sports;
(3) The purchase and use of
consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic:
(A) In a movie, television
production, or theatrical production for which valid permits have been issued by
a county pursuant to section 132D-10; and
(B) In a movie or television
production for which valid permits have been issued by the department of business,
economic development, and tourism pursuant to section 201-14, or for which permits
have been approved by the authority having jurisdiction; and
(4) The testing, disposal,
or destruction of [illegal] any fireworks or articles pyrotechnic
by an agency with authority to enforce this chapter."
SECTION 7. Section 132D-7,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-7 License or
permit required. A person shall not:
(1) Import, store, [offer
to sell, or sell,] or distribute, including at wholesale or retail, any
aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks
unless the person has a valid license issued [by the county;] pursuant
to this chapter; or
(2) Possess any aerial
devices, display fireworks, or articles pyrotechnic without a valid license to import,
store, or [sell] distribute aerial devices, display fireworks, or
articles pyrotechnic, or a valid display permit [as provided for in] issued
pursuant to this chapter."
SECTION 8. Section 132D-8.6, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) Any person
who has obtained a license [under] required pursuant to section 132D-7
and ships fireworks or articles pyrotechnic into the State shall:
(1) Clearly designate the types
of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping
manifest with specificity;
(2) Declare
on the bill of lading or shipping manifest the gross weight of consumer fireworks,
display fireworks, articles pyrotechnic, and aerial devices to be imported in each
shipment and the location of the storage facility, if applicable, in which the fireworks
or articles pyrotechnic are to be stored;
(3) [Prior to] Before
shipment and when booking each shipment
of fireworks, display fireworks, articles pyrotechnic, or aerial devices notify
the [appropriate county official as determined by the county] Hawaii
state fire marshal regarding whether the shipment will be distributed from:
(A) Pier to pier;
(B) Pier to warehouse
or storage facility; or
(C) Pier to
redistribution;
(4) [Prior to] Before
booking the shipment, provide to the [applicable county fire chief:] Hawaii
state fire marshal:
(A) Written documentation
regarding the proposed display event or events and related contact information to
allow the fire chief to validate the importation of a three-month or six-month inventory
under section 132D-8.5; and
(B) An inventory
breakdown for each proposed display; and
(5) At the time shipping is
booked, the importer or consignee shall notify the [appropriate county official
as determined by the county] Hawaii state fire marshal in writing of
the expected shipment's landing date[.]; provided that:
(A) Notifications
shall be made through a system designated by the Hawaii state fire marshal; and
(B) If a licensee
fails to notify the Hawaii state fire marshal two or more times within one year
of the issuance of a license, the license may be revoked."
SECTION 9. Section 132D-10,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-10 Permits.
(a) A permit shall be required for the purchase and use of:
(1) Any
consumer fireworks commonly known as firecrackers upon payment of a fee of $25;
(2) Any
aerial devices, display fireworks, or articles pyrotechnic for the purposes of section
132D-16 upon payment of a fee of $110; and
(3) Any
consumer fireworks [for the purposes of section 132D-5 or] for cultural uses
that occur at any time other than during the periods prescribed in section 132D-3(1)
upon a payment of a fee of $25.
(b)
Each person may purchase a maximum of fifty permits per year."
SECTION 10. Section 132D-12,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-12 [Sale]
Distribution to minors; [sale by minors;] prohibited. (a)
It shall be unlawful for any person to [offer for sale, sell, or give]
distribute any consumer fireworks, aerial devices, display fireworks,
or articles pyrotechnic to minors, [and for any minor to possess, purchase, sell,
or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic,]
except as provided in section 132D-13.
(b) A person who violates
this section shall be guilty of a class C felony."
SECTION 11. Section 132D-13,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-13 Liability
of parents or guardians. [The parents,]
(a) Except as provided in subsection (b),
it shall be unlawful for a parent, guardian, [and] or other [persons]
person having the custody or control of any minor[, who] to
knowingly permit the minor to [possess,]:
(1) Possess or
purchase[, or set] any
consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic;
or
(2) Set off,
ignite, discharge, or otherwise
cause to explode any [fireworks] consumer fireworks, aerial devices, display
fireworks, or articles pyrotechnic[, shall be deemed to be in violation of
this chapter and shall be subject to the penalties thereunder, except].
(b) [the parents]
The parent or guardian may allow the minor to use consumer fireworks while
under the immediate supervision and control of the parent or guardian, or under
the immediate supervision and control of another adult.
(c) Separate and apart
from any civil liability that may result from this or any related incident, and
except as provided in subsections (d) and (e), the violation of subsection (a) shall
be a misdemeanor.
(d) If any of the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic set off, ignited,
discharged, or otherwise caused to explode in violation of subsection (a)(2) cause
substantial bodily injury to another person, the violation of subsection (a) shall
be a class C felony.
(e) If any of the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic set off, ignited,
discharged, or otherwise caused to explode in violation of subsection (a)(2) cause
serious bodily injury or death to another person, the violation of subsection (a)
shall be a class B felony.
(f) The state of mind requirement
for subsection (d) and (e) shall not be applicable to whether the person was aware
that the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic
caused or would cause the injury or death.
A person shall be strictly liable with respect to the result that the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic caused the
injury or death."
SECTION 12. Section 132D-14,
Hawaii Revised Statutes, is amended to read as follows:
"§132D-14 Penalty. (a) [Any]
Except as provided in subsections (b) and (c), any person:
(1) Importing, storing, or distributing consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic without
having a valid license [under] as required pursuant to section 132D-7
[shall be]:
(A) Shall be
guilty of a class C felony; and
(B) Notwithstanding
subparagraph (A), if the total weight of the consumer fireworks, aerial devices,
display fireworks, and articles pyrotechnic is twenty-five pounds or more, shall
be guilty of a class B felony;
(2) Purchasing, possessing, setting off, igniting, [or] discharging, or
otherwise causing to explode aerial devices, display fireworks, or articles
pyrotechnic without a valid permit [under] required pursuant to sections
132D-10 and 132D-16, [or storing, selling, or possessing aerial devices, display
fireworks, or articles pyrotechnic without a valid license under section 132D-7,
or allowing an individual to possess, set off, ignite, discharge, or otherwise cause
to explode any aerial device in violation of section 132D-14.5]:
(A) If the total
weight of the aerial devices, display fireworks, and articles pyrotechnic is fifty
pounds or more, shall be guilty of a class B felony;
[(A)] (B) If the total weight of the aerial devices, display
fireworks, [or] and articles pyrotechnic is twenty-five pounds or
more, shall be guilty of a class C felony; [or
(B)] (C) If the total weight of the aerial devices, display
fireworks, [or] and articles pyrotechnic is [less than twenty-five
pounds,] five pounds or more, shall be guilty of a misdemeanor;
(D) If the total
weight of the aerial devices, display fireworks, or articles pyrotechnic is less
than five pounds, and if the total weight cannot be determined, shall be fined
$300 and subject to proceedings under chapter
.
[(3) Who transfers
or sells aerial devices, display fireworks, or articles pyrotechnic to a person
who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty
of a class C felony; and
(4) Who removes or
extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents
to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic
related device shall be guilty of a misdemeanor.]
(b) Any person who would
otherwise be subject to sentencing for a criminal offense under subsection (a) shall
be guilty of an offense one class or grade higher, as the case may be, than that
provided in subsection (a) if:
(1) The person has
been convicted one or more times for any offense under this chapter within ten years
of the instant offense; or
(2) Any of the consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic imported,
stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise
caused to explode in the commission of the offense under subsection (a) cause substantial
bodily injury to another person.
(c) Any person who would
otherwise be subject to sentencing for a criminal offense under subsection (a) shall
be guilty of an offense two classes or grades higher, as the case may be, than that
provided in subsection (a) if any of the consumer fireworks, aerial devices, display
fireworks, or articles pyrotechnic imported, stored, distributed, purchased, possessed,
set off, ignited, discharged, or otherwise caused to explode in the commission of
the offense under subsection (a) cause serious bodily injury or death to another
person. For an offense already classified
as a class B felony, the person shall be guilty of a class A felony if any of the
consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic imported,
stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise
caused to explode in the commission of the offense under subsection (a) cause serious
bodily injury or death to another person.
(d) The state of mind requirement
for subsections (b) and (c) shall not be applicable to whether the person was aware
that any of the consumer fireworks, aerial devices, display fireworks, or articles
pyrotechnic caused or would cause the injury or death. A person shall be strictly liable with respect
to the attendant circumstance that the consumer fireworks, aerial devices, display
fireworks, or articles pyrotechnic caused the injury or death.
[(b)] (e) Except
as provided in subsection (a), (b), or (c), or as otherwise specifically
provided for in this chapter, any person violating any other provision of this chapter,
shall be guilty of a violation and fined no less than $500 and no
more than $5,000 for each violation. [Notwithstanding
any provision to the contrary in this section, any person violating section 132D-14.5
shall be fined at least $500 and no more than $5,000.]
[(c)] (f) The
court shall collect the fines imposed in subsections (a) [and], (b),
(c), and (e) for violating this chapter and, of the fines collected, shall pay
twenty per cent to the State and eighty per cent to the county in which the fine
was imposed, which shall be expended by the county for law enforcement purposes.
[(d)] (g) Notwithstanding
any penalty set forth herein, violations of subsection (a)(1) [or (3)] may
be subject to nuisance abatement proceedings provided in part V of chapter 712.
[(e) For the purposes of this section:
(1) Each type of prohibited firework imported, purchased,
sold, possessed, set off, ignited, or discharged shall constitute a separate violation
for each unopened package; and
(2) Each separate firework imported, purchased,
sold, possessed, set off, ignited, or discharged shall be a separate violation if
the package is opened or the firework is not in a package.
(f) For the purposes of this section, "package":
(1) Means any aerial device, display firework, or
article pyrotechnic:
(A) Enclosed in a container or wrapped in any manner
in advance of wholesale or retail sale; and
(B) With a weight or measure determined in advance
of wholesale or retail sale; and
(2) Does not mean:
(A) Inner wrappings not intended to be individually
sold to the customer;
(B) Shipping containers or wrapping used solely
for the transportation of any commodities in bulk or in quantity;
(C) Auxiliary containers or outer wrappings used
to deliver commodities if the containers or wrappings bear no printed matter pertaining
to any particular aerial device, display firework, or article pyrotechnic;
(D) Containers used for retail tray pack displays
when the container itself is not intended to be sold; or
(E) Open carriers and transparent wrappers or carriers
for containers when the wrappers or carriers do not bear printed matter pertaining
to any particular aerial devices, display fireworks, or articles pyrotechnic.]"
SECTION 13. Section 132D-14.5,
Hawaii Revised Statutes, is amended to read as follows:
"[[]§132D-14.5[]] Liability of homeowner, renter, or person otherwise
responsible for real property. (a) A homeowner,
renter, or person otherwise responsible for [the] real property who
intentionally, knowingly, [or] recklessly [allows], or negligently:
(1) Allows
an individual, while on the real property, to possess, set off, ignite, discharge,
or otherwise cause to explode any aerial [device] devices, display fireworks,
or articles pyrotechnic without a permit issued pursuant to this chapter shall
be [deemed to be in violation of this chapter and shall be subject to the penalties
specified in section 132D-14(a)(2) and (b).] guilty of a petty misdemeanor;
(2) Allows
any aerial devices, display fireworks, articles pyrotechnic, or pyrotechnic composition
to be stored in the real property without a license issued pursuant to this chapter
shall be guilty of a misdemeanor; and
(3) Notwithstanding
paragraph (2), allows aerial devices, display fireworks, articles pyrotechnic, or
pyrotechnic composition to be stored in the real property, if the total weight of
the aerial devices, display fireworks, articles pyrotechnic, and pyrotechnic composition
is twenty-five pounds or more without a license issued pursuant to this
chapter, shall be guilty of a class C felony.
(b) Any person who would
otherwise be subject to sentencing under subsection (a) shall be guilty of an offense
one class or grade higher, as the case may be, than that provided in subsection
(a) if:
(1) The person has
been convicted one or more times for any offense under this chapter within ten years
of the instant offense; or
(2) Any of the aerial
devices, display fireworks, articles pyrotechnic or pyrotechnic
composition possessed, set off, ignited, discharged, otherwise
caused to explode, or stored in the violation of subsection (a) cause substantial
bodily injury to another person.
(c) Any person who would
otherwise be subject to sentencing under subsection (a) shall be guilty of an offense
two classes or grades higher, as the case may be, than that provided in subsection
(a) if any of the aerial devices, display fireworks, articles pyrotechnic, or pyrotechnic
composition possessed, set off, ignited, discharged, otherwise
caused to explode, or stored in the violation of subsection (a) cause serious bodily
injury or death to another person.
(d) The state of mind requirement for subsections
(b) and (c) shall not be applicable to whether the person was aware that any of the aerial devices, display fireworks,
articles pyrotechnic or pyrotechnic
composition caused or would cause the injury or death. A person shall be strictly liable with respect
to the attendant circumstance that the aerial devices, display fireworks, or articles
pyrotechnic caused the injury or death."
SECTION 14. Section 132D-15,
Hawaii Revised Statutes, is amended to read as follows:
"[[]§132D-15[]] Notice requirements. Each licensed retail outlet shall post adequate
notice that clearly cautions each person purchasing consumer fireworks of
the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13,
[and] 132D-14[.], and 132D-E."
SECTION 15. Section 132D-17.5,
Hawaii Revised Statutes, is amended to read as follows:
"[[]§132D-17.5[]] County ordinances. (a)
Nothing in this chapter shall be construed to supersede or in any manner
affect a county fireworks ordinance; provided that the ordinance is at least as
stringent in the control or prohibition of consumer fireworks, aerial
devices, display fireworks, and articles pyrotechnic as the law under this chapter.
(b) Nothing in this chapter
shall prohibit a county from enacting ordinances that are more stringent in the
control or prohibition of consumer fireworks, aerial devices, display
fireworks, and articles pyrotechnic than this chapter."
SECTION 16. Section 132D-21, Hawaii
Revised Statutes, is amended to read as follows:
"§132D-21 Health care
facilities; report of fireworks and articles pyrotechnic incidents. Health care facilities in this State shall report
all incidents of serious injuries and fatalities caused by legal and illegal consumer
fireworks, aerial devices, display fireworks, or articles pyrotechnic to
the department of health and the police department of the county in which the person
was attended or treated. All reports shall
be in writing or in the manner specified by the department of health.
As used in this section, "health care facilities" includes
any outpatient clinic, emergency room, or physician's office, private or public,
whether organized for profit or not, used, operated, or designed to provide medical
diagnosis, treatment, nursing, rehabilitative, or preventive care to any person
or persons. The term includes but is not
limited to health care facilities that are commonly referred to as hospitals, extended
care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate
care facilities, hospices for the terminally ill that require licensure or certification
by the department of health, kidney disease treatment centers, including freestanding
hemodialysis units, outpatient clinics, organized ambulatory health care facilities,
emergency care facilities and centers, home health agencies, health maintenance
organizations, and others providing similarly organized services regardless of nomenclature."
SECTION
17. Section 132D-22, Hawaii Revised
Statutes, is amended to read as follows:
"[[]§132D-22[]] Entry onto premises; inspection of premises, books,
and records; obstructing [law enforcement or fire department] inspector
operations; penalty. (a) Any [law enforcement or fire officer] inspector
may, at reasonable hours, enter and inspect the premises of a licensee or permittee
and any relevant books or records therein to verify compliance with this chapter
and the conditions of the license or permit.
(b) Upon a request by any
[law enforcement or fire officer] inspector to enter and inspect the
premises of a licensee or permittee at reasonable hours, the licensee, the permittee,
or an employee of the licensee or permittee shall make available for immediate inspection
and examination the premises and all relevant books and records therein.
(c) Any licensee or permittee
who refuses the [law enforcement or fire officer] inspector entry
or access to the premises, books, or records shall be in violation of the conditions
of the license or permit. After a hearing,
the issuing department shall suspend or revoke the license or permit for refusing
entry or access or for violations of any other requirement or condition of the license
or permit or any provision of this chapter or rule adopted pursuant to this chapter. The issuing department shall provide the licensee
or permittee with a written notice and order describing the basis for the suspension
or revocation. Any person aggrieved by the
suspension or revocation determination may request a contested case hearing pursuant
to chapter 91. To request a contested case
hearing, the person shall submit a written request to the issuing department within
thirty calendar days of the date of the notice and order of the suspension or revocation. Appeal to the circuit court under section 91-14,
or any other applicable statute, shall only be taken from the issuing department's
final order pursuant to a contested case.
(d) Any licensee, permittee,
employee of a licensee or permittee, or other person who:
(1) Threatens with the use
of violence, force, or physical interference or obstacle, or hinders, obstructs,
or prevents any [law enforcement or fire officer,] inspector, or any
person assisting [a law enforcement or fire officer,] an inspector,
from entering into the premises of the licensee or permittee; or
(2) Opposes, obstructs, or
molests [a law enforcement or fire officer] an inspector in the officer's
enforcement of this chapter,
shall be guilty of a misdemeanor, punishable by a fine of no more than $2,000
or imprisonment for no more than one year, or both.
(e) If any [law enforcement
or fire officer] inspector, having demanded admittance onto the premises
of a licensee or permittee and declared the [officer's] inspector's
name and office, is not admitted by the licensee, permittee, or person in charge
of the premises, the [officer] inspector may use force to enter the
premises.
(f) For purposes of this section[,]:
"Inspector" means any county fire department officer,
including firefighters.
["premises] "Premises of a licensee or permittee"
does not include the licensee's or permittee's private residence or a dwelling that
is considered to be the person's [home,] dwelling, including a [single
family] single-family house, apartment unit, condominium, townhouse,
or cooperative unit."
SECTION 18. Section 571-41,
Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The judge, or the
senior judge if there is more than one, may by order confer concurrent jurisdiction
on a district court created under chapter 604 to hear and dispose of cases of violation
of traffic laws, traffic ordinances, [or] emergency period rules,
or fireworks infractions established pursuant to chapter , by children, provision to the contrary
in section 571-11 or elsewhere notwithstanding.
The exercise of jurisdiction over children by district courts shall, nevertheless,
be considered noncriminal in procedure and result in the same manner as though the
matter had been adjudicated and disposed of by a family court."
SECTION 19. Section 601-3.7,
Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established
in the state treasury a special fund to be known as the judiciary computer system
special fund, which shall contain the following:
(1) Moneys collected from administrative
fees pursuant to section 287-3(a);
(2) Fees prescribed by the
supreme court by rule of court for electronic document certification, electronic
copies of documents, and for providing bulk access to electronic court records and
compilations of data; and
(3) Fees pursuant to sections
-8(c), 607-4(b)(10), and
607-5(c)(32)."
SECTION 20. There is appropriated out of the general revenues
of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2025-2026 to carry out the
purposes of this Act, including to update the judiciary information management system
to implement the adjudications process established by section 2 of this Act.
The sum appropriated shall be
expended by the judiciary for the purposes of this Act.
SECTION 21. This Act does not affect rights and duties that
matured, penalties that were incurred, and proceedings that were begun before its
effective date.
SECTION 22. In codifying the new sections added by section
3 and referenced in sections 6 and 14 of this Act, the revisor of statutes shall
substitute appropriate section numbers for the letters used in designating the new
sections in this Act.
SECTION 23. Statutory material
to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 24. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Fireworks; Criminal Offenses; Penalties; Infractions
Description:
Amends multiple definitions and penalties for fireworks offenses, including heightened penalties if another person suffers substantial bodily injury, serious bodily injury, or death as a result of the fireworks offenses. Establishes criminal offenses of general fireworks or articles pyrotechnic prohibitions in the first and second degree; sending or receiving fireworks or articles pyrotechnic by air delivery; distributing fireworks or articles pyrotechnic to non-permit holder; removal or extraction of pyrotechnic contents; consumer fireworks prohibitions; refusal to provide identification; and violating requirements of carrier. Establishes an adjudication system and procedures to process fireworks infractions; makes an appropriation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
