Bill Text: HI HB1355 | 2024 | Regular Session | Amended
Bill Title: Relating To Civil Trespass.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB1355 Detail]
Download: Hawaii-2024-HB1355-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1355 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CIVIL TRESPASS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to amend the offense of simple trespass to establish the civil infraction of trespass onto real property and monetary penalties therefor.
SECTION 2. Section 708-815, Hawaii Revised Statutes, is amended to read as follows:
"§708-815 [Simple] Civil
trespass[.] onto real property. (1) A
person commits the offense of [simple] civil trespass onto
real property if the person intentionally or knowingly enters or
remains unlawfully in or upon premises[.] without prior authorization
or invitation by the owner; provided that conduct shall not constitute trespass
if it occurs in the airspace above the premises and the conduct:
(a) Does not
interfere with the owner's actual use of the premises; or
(b) Is directly
related to the construction of affordable housing, as that term is defined in
section 201H-57.
A claim of mistaken entry upon
the premises or a claim of ignorance as to the location of the boundary line of
the premises shall not constitute a defense to civil trespass.
No cause of action may be brought
by a property owner based upon a claim of trespass into airspace when the
conduct falls within one of the exceptions identified in subsection (a).
(2) Simple trespass is a violation.
(3) A person found to be in violation of this section shall be issued a citation by a state or county law enforcement officer, as applicable.
Except when treated as a criminal
offense or violation under a different law, or except as otherwise provided by
law, the conduct described in this section shall be treated as a civil
infraction and subject to the following fines:
(a) For a first
violation, a fine of no less than $
but no more than $ ;
(b) For a second
violation involving the same premises, a fine of no less than
$ but no more than
$ ; and
(c) For a third or
subsequent violation involving the same premises, a fine of no less than $
but no more than $ .
Violations of this chapter shall
be heard in the district courts and adjudicated using a system modeled after
chapter 291D; provided that no later than January 1, 2024, the judiciary shall
have established and implemented the system to adjudicate citations for civil
trespass issued under this chapter.
(4) As used in this section, unless the context
otherwise requires:
"Enter or remain
unlawfully" means to be in or upon premises when the person is not
licensed, invited, or otherwise privileged to be upon the premises. A person who, regardless of the person's
intent, enters or remains in or upon premises that are at the time open to the
public does so with license and privilege unless the person defies a lawful
order not to enter or remain, personally communicated to the person by the
owner of the premises or some other authorized person. A license or privilege to enter or remain in
a building that is only partly open to the public is not a license or privilege
to enter or remain in that part of the building that is not open to the
public. A person who enters or remains
upon unimproved and apparently unused land that is neither fenced nor otherwise
enclosed in a manner designed to exclude intruders does so with license and
privilege, unless notice against trespass is personally communicated to the
person by the owner of the land or some other authorized person, or unless notice
is given by posting in a conspicuous manner.
"Owner" means the
possessor of a fee interest, a tenant, lessee, occupant, or person, group,
club, partnership, family, organization, entity, or corporation that is in
control, possession, or use of the land, and their members, agents, partners,
representatives, shareholders, and employees.
"Premises" includes any building or portion thereof, or any real property."
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. This Act shall take effect on June 30, 3000.
Report Title:
Real Property; Trespass; Civil Infraction; Penalties
Description:
Amends the offense of simple trespass to establish the civil infraction of trespass onto real property and monetary penalties therefor. Provides that a violator shall be issued a citation. Requires violations to be adjudicated in the district courts using a system similar to that used for adjudicating traffic infractions and emergency period infractions. Requires the judiciary to have established and implemented no later than 1/1/2024 the system to adjudicate citations for civil trespass. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
