Bill Text: HI HB1398 | 2025 | Regular Session | Introduced
Bill Title: Relating To Property.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced) 2025-01-27 - Referred to JHA, FIN, referral sheet 4 [HB1398 Detail]
Download: Hawaii-2025-HB1398-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1398 |
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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 property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the right to exclude persons from entering, and the right to direct persons to immediately vacate, residential and commercial real property are fundamental property rights.
SECTION 2. Chapter 666, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§666- Alternative remedy to remove unauthorized
persons. (a) In addition to any other remedy authorized by
law, a property owner seeking to remove a person from the owner's property may
submit an application to the director of law enforcement.
(b) The application shall include:
(1) A request for
the director of law enforcement to immediately remove a person from the
property;
(2) A statement signed under penalty of perjury that:
(A) The
individual signing the statement is the owner of the property or the owner's
authorized agent;
(B) The person to be removed occupies the property
without the permission of the property owner;
(C) The
property owner has directed the person to be removed to leave the property and that
person continues to occupy the property;
(D) The
person to be removed is not a former tenant of the property;
(E) The
person to be removed entered the property when the property was not open to the
public;
(F) The
person to be removed is not an immediate family member of the property owner;
and
(G) There
is no pending litigation between the person to be removed and the property
owner regarding occupation of the property; and
(3) An indemnity
provision by which the property owner agrees to indemnify, defend, and hold
harmless the State, any political subdivision of the State, and its officers,
agents, and employees for good faith conduct that was based on the application;
provided that an application shall be processed
upon payment of a fee in the amount of $ .
(c) Upon receipt of the application and fee, the
director of law enforcement shall conduct a preliminary investigation that may
include reviewing any alleged lease agreement, interviewing neighbors, and
conducting any other relevant inquiries to ascertain the validity of the
application. If the preliminary
investigation indicates probable cause that the assertions made in the application
are valid, then the director of law enforcement shall:
(1) Serve notice on
the person to be removed to immediately vacate the property;
(2) Remove that
person from the property;
(3) Remove any
household goods and personal effects of the person from the property; and
(4) Put the property
owner in possession of the property.
(d) Any individual who submits an application under
this section that contains false information shall be guilty of the offense of
false swearing in official matters under section 710‑1061.
(e) A person wrongfully removed from a property
under this section may bring a civil action for appropriate relief and damages
within two years after the occurrence of the alleged violation. The civil action shall be brought in the
circuit court for the circuit where the property is located.
(f) For purposes of this section:
"Damages" means damages
for injury or loss caused by each violation of this section, including
reasonable attorney fees.
"Director of law
enforcement" includes any designee of the director of law enforcement. The director of law enforcement may designate
the chiefs of police of the counties for purposes of this section, who may then
designate any employee of their respective departments for purposes of this
section.
"Property" means real property
with at least one residential dwelling unit or commercial building.
"Property owner"
includes an authorized agent of the property owner."
SECTION 3. Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:
"§708- Criminal
trespasser property damage in the first degree. (1)
A person commits the offense of criminal trespasser property damage in
the first degree if:
(a) The person
occupies a property having a residential dwelling or commercial building
without the permission of the property owner or authorized agent of the
property owner;
(b) The property
owner or authorized agent of the property owner has directed the person to
leave the property and the person continues to occupy the property;
(c) The person is
not a former tenant of the property;
(d) The person
entered the property when the property was not open to the public;
(e) The person is
not an immediate family member of the property owner or of the authorized agent
of the property owner;
(f) There is no pending litigation
between the person and the property owner regarding occupation of the property;
and
(g) The person intentionally
damaged a residential dwelling or commercial building on the property and the
cost of damage exceeded $1,000.
(2) Criminal trespasser property damage in the
first degree is a class C felony.
§708- Criminal trespasser property damage in the
second degree. (1) A person commits the offense of criminal
trespasser property damage in the second degree if:
(a) The person
occupies a property having a residential dwelling or commercial building
without the permission of the property owner or authorized agent of the
property owner;
(b) The property
owner or authorized agent of the property owner has directed the person to
leave the property and the person continues to occupy the property;
(c) The person is
not a former tenant of the property;
(d) The person
entered the property when it was not open to the public;
(e) The person is
not an immediate family member of the property owner or of the authorized agent
of the property owner;
(f) There is no
pending litigation between the person and the property owner regarding
occupation of the property; and
(g) The person
intentionally damaged a residential dwelling or commercial building on the
property and the cost of the damage exceeded $100.
(2) Criminal trespasser property damage in the
first degree is a misdemeanor."
SECTION 4. Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part VI to be appropriately designated and to read as follows:
"§708- False
statement to detain real property.
(1) A person commits the
offense of false statement to detain real property if the person intentionally
or knowingly presents a false document purporting to convey real property
rights to another.
(2) False statement to detain real property is a misdemeanor.
§708- Fraudulent
sale or lease of residential real property.
(1) A person commits the
offense of fraudulent sale or lease of residential real
property if the person:
(a) Intentionally
or knowingly lists or advertises residential real property for sale or rent;
and
(b) Does not own
the residential real property or have permission from the owner or owner's
authorized agent of the residential real property to list or advertise the
residential real property for sale or rent.
(2) Fraudulent sale or lease of residential real property is a class C felony."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Eviction; Squatters; Property; Department of Law Enforcement; Police
Description:
Establishes an expedited procedure to remove persons from a property who are not tenants or former tenants. Establishes criminal offenses for persons who illegally occupy and damage property, for making a false statement to detain real property, and for fraudulent sale or lease of residential real property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
