HOUSE OF REPRESENTATIVES	H.B. NO.	18
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to Public Order.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§708-    Unlawful occupation of state property.  (1)  A person commits the offense of unlawful occupation of state property if the person remains unlawfully in or upon state property after a request to leave is made by any law enforcement officer, when the request is based upon a violation by the person of any term of use specified on a sign or notice posted on the property, or based upon a violation of any term of use contained in, or the expiration of, any permit relating to the person's presence on the property.

     (2)  For the purposes of this section, unless the context requires otherwise:

     "Law enforcement officer" has the same meaning as defined in section 710-1000.

     "State property" means any state land and appurtenances thereof and the buildings, structures, and improvements erected on or affixed to the same.

     (3)  Unlawful occupation of state property is a petty misdemeanor."

     SECTION 2.  (a)  Each department with jurisdiction over state lands shall:

     (1)  Develop a policy for coordinated enforcement of section 708-  , Hawaii Revised Statutes; and

     (2)  Implement the policy as developed.

     (b)  A policy developed pursuant to subsection (a) shall include the following:

     (1)  A review of state lands under departmental control to determine the hours that state lands will be open to the public and the need for signage to communicate those hours, with a plan to install any signage as needed;

     (2)  A determination of state lands under departmental control appropriate for coordinated enforcement;

     (3)  A review of surrounding areas that may be affected by coordinated enforcement, and a plan to work with other departments and counties that may be affected; and

     (4)  A requirement that prior to any coordinated enforcement, law enforcement officials shall post a notice twenty-four hours in advance.

     SECTION 3.  Each department with jurisdiction over state lands shall submit a report to the legislature on the progress of their policy-making and implementation regarding coordinated enforcement of section 708-  , Hawaii Revised Statutes, no later than twenty days prior to the convening of the regular session of 2018.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Offenses against Property Rights; Unlawful Occupation of State Property

 

Description:

Establishes an offense for remaining unlawfully in or upon state property after a request to leave is made by any law enforcement officer under certain conditions.  Requires the departments with jurisdiction over state property to develop and implement a policy for coordinated enforcement.

 

 

 

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