Bill Text: HI HB1483 | 2025 | Regular Session | Introduced
Bill Title: Relating To Fireworks.
Spectrum: Moderate Partisan Bill (Democrat 26-3)
Status: (Introduced) 2025-01-27 - Referred to JHA, FIN, referral sheet 4 [HB1483 Detail]
Download: Hawaii-2025-HB1483-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1483 |
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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:
SECTION 1. The legislature finds the widespread use of illegal fireworks poses an extreme danger and lethal risk to public health and safety, resulting in fires, serious burn injuries, and fatalities to innocent bystanders. The cost to the community far outweighs any intrinsic benefit, as numerous lives have been lost over the years from the use of illegal fireworks. In addition, the potential for wildfires in this time of climate change is a real and present danger and is a top priority for all levels of government.
Tragedies like the New Year's Eve explosion of 2024 have injured or claimed the lives of the elderly, adults, and children, seriously impacting entire neighborhoods in the middle of urban Honolulu and across the State.
Fireworks also emit excessive smoke and other toxins into the air, making breathing difficult for thousands of Hawaii residents with respiratory ailments. Noise from loud fireworks traumatizes many residents, particularly war veterans who may suffer from post-traumatic stress syndrome from being in combat. Pets and vulnerable species in their natural habitats also must suffer each holiday season when fireworks noise and environmental pollution commences.
With the increase in fireworks-related calls, public safety agencies are heavily strained to maintain adequate response levels for other critical emergencies, which adds to the cost of state and county resources that could be used for natural disasters and other emergencies. They are often overwhelmed and are not able to stop the thousands of illegal fireworks being used, making it a death trap for thousands of innocent lives who are not involved in illegal fireworks use.
The legislature further finds that people in the State deserve to live in peace and security without the public safety risk and disruptive impact of illegal fireworks. There can be no more gray areas when lives are lost while this black market flourishes.
The legislature also finds that improved enforcement of the fireworks control laws is necessary, not only to protect property from avoidable fire damage, but also to protect the community from fire- and explosion-related injuries, respiratory distress caused by the air pollution, and recurring trauma to afflicted persons due to loud explosions.
The legislature believes 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.
Accordingly, the purpose of this Act is to:
(1) Establish an adjudication system and procedures to process fireworks infractions;
(2) Amend and establish various definitions and penalties for firework offenses, including establishing heightened penalties under certain circumstances;
(3) Establish various criminal offenses and penalties related to fireworks or articles pyrotechnics; and
(4) Appropriate funds.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 38 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 federal, state, county, 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 law, 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), no court shall 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 as 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 before 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 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) A defendant shall have the following options in answering a notice of infraction if the notice of infraction does not require an appearance in person at a hearing as set forth in section ‑4(d)(10):
(1) Admit the commission of the fireworks infraction in one of the following manners:
(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.
(f) 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 an administrative fee 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 fees 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 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. 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 in proceedings noticed under 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 conducted under 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, other public way, or public beach;
(4) In any park or
officially designated forest or wildlife preserve;
(5) Within fifty
feet of a canefield;
(6) Within one
thousand feet of any building used for public worship during the periods when
services are held; or
(7) Within five
hundred feet of any dwelling.
(b) The state of mind requirement for the offense under subsection (a)(1), (3), (4), (5), (6), and (7) 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 otherwise provided in this section,
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, or 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-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:
(1) Subsection (a)
shall be subject to a $200 fine;
(2) Subsection (b)
shall be subject to a $1,000 fine; and
(3) 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, 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 a:
(1) Major avulsion,
laceration, or penetration of the skin;
(2) Burn of at
least second degree severity;
(3) Bone fracture;
(4) Serious
concussion; or
(5) 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.] shoots or emits sparks. "Aerial devices" includes
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:
""Consumer fireworks" means
any fireworks [designed primarily for retail sale to the public during
authorized dates and times,] that upon
ignition, discharge, or otherwise being set off, produces visible or
audible effects [by combustion,] and that [is designed to remain]
remains on or near the ground and, while stationary or spinning rapidly
on or near the ground, emits smoke, a shower of colored sparks, whistling
effects, flitter sparks, or balls of colored sparks, and includes combination
items that [contain] produce one or more of these effects. "Consumer fireworks" [shall
comply] includes any firework that complies with the construction,
chemical composition, and labeling regulations of the United States Consumer
Product Safety Commission as set forth in Title 16 Code of Federal Regulations
and fireworks classified as UN0336 and UN0337 by the United States Department
of Transportation as set forth in Title 49 Code of Federal Regulations. "Consumer fireworks" [include]
further includes firework items commonly known as firecrackers that are
single paper cylinders not exceeding one and one-half inches in length
excluding the fuse and one-quarter of an
inch in diameter [and contain a charge of not more than fifty milligrams of
pyrotechnic composition], snakes, sparklers, fountains, and cylindrical or
cone fountains that emit effects up to a height not greater than twelve feet
above the ground, illuminating torches, bamboo cannons, whistles, toy smoke
devices, wheels, and ground spinners that when ignited remain within a circle
with a radius of twelve feet as measured from the point where the item was
placed and ignited, novelty or trick items, combination items, and other
fireworks of like construction that are designed to produce the same or similar
effects."
4.
By amending the definitions of "display fireworks",
"fireworks", and "import" 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.
"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 aerial devices, consumer fireworks, or display
fireworks. "Fireworks"
includes 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].
"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."
5.
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."
6.
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;
(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
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) Any 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 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 that the parents].
(b) 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 subsections (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]:
(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; and
(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 more than twenty-five pounds [or more,] but
less than fifty pounds, 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,] more than
five pounds but less than twenty-five pounds, shall be guilty of a
misdemeanor; and
(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. (a) 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.
(b) 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] inspector'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[, "premises]:
"Inspector" means any
county fire department officer, including firefighters.
"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. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:
"§712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance. Every building, premises, or place used for the purpose of violating:
(1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);
(2) Section
132D-14(a)(1) [or (3)]; or
(3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim,
and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), or (3) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."
SECTION 21. Section 712-1270.3, Hawaii Revised Statutes, is amended to read as follows:
"§712-1270.3 Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:
(1) Fireworks related offenses contained in
section 132D-14(a)(1) [or (3)]; or
(2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general,
shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D."
SECTION 22. Section 712-1281, Hawaii Revised Statutes, is amended to read as follows:
"[[]§712-1281 Forfeiture; fireworks.[]] In addition to any other penalty that may be
imposed for violation of section 132D-14(a)(1) [or (3)], any property
used or intended for use in the commission of, attempt to commit, or conspiracy
to commit an offense under section 132D-14(a)(1) [or (3)], or that
facilitated or assisted such activity, and any proceeds or other property
acquired or maintained with the proceeds from violation of section
132D-14(a)(1) [or (3)] may be subject to forfeiture pursuant to chapter
712A."
SECTION 23. 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 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 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 sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 24. In codifying the new sections added by section 3 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 25. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 26. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 27. This Act shall take effect on July 1, 2025.
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Report Title:
Fireworks; Adjudication; Criminal Offenses; Penalties; Infractions; Appropriation
Description:
Establishes an adjudication system and procedures to process fireworks infractions. 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 various criminal offenses and penalties related to fireworks or articles pyrotechnics. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
