Bill Text: HI HB2378 | 2016 | Regular Session | Introduced
Bill Title: Penalties; Chapter 183; Repeal; Section 183-4
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-03-10 - Referred to WLA/JDL, WAM. [HB2378 Detail]
Download: Hawaii-2016-HB2378-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2378 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FOREST RESERVES VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 183-18, Hawaii Revised Statutes, is amended to read as follows:
"§183-18 Criminal penalties. [Any person
who violates section 183-17, upon conviction thereof, is guilty of a misdemeanor
and shall be fined not more than $2,000 or imprisoned not more than one year, or
both. In addition to any other penalty imposed under this section, a fine of up
to $2,000 shall be levied for each tree illegally destroyed or harvested under section
183-17.] (a) Any person violating any provision of this part or any
rule adopted pursuant thereto, unless otherwise specified, shall be guilty of a
petty misdemeanor and, upon conviction thereof, shall be sentenced as follows
without possibility of probation or suspension of sentence:
(1) For a first offense, or any offense not preceded within a five-year period by conviction for a prior offense, a mandatory fine of not less than $100, or imprisonment of not more than thirty days, or both;
(2) For an offense that occurs within five years of a prior conviction for an offense, a mandatory fine of not less than $500, or by imprisonment of not more than thirty days, or both; and
(3) For an offense that occurs within five years of two or more prior convictions for offenses, a mandatory fine of $1,000, or by imprisonment of not more than thirty days, or both.
For purposes of this subsection, "offense" means a violation of any provisions of this part or any rules adopted pursuant thereto.
(b) Any person who violates section 183-17, upon conviction thereof, is guilty of a misdemeanor and shall be fined not more than $2,000 or imprisoned not more than one year, or both."
SECTION 2. Section 183-4, Hawaii Revised Statutes, is repealed.
["§183-4 General penalty.
Any person violating any of the provisions of chapters 183 to 185, for which violation
a penalty is not otherwise provided, or violating any rule or regulation of the
department of land and natural resources, and any master of any vessel which brings
into the State any article which the department shall at any time prohibit from
being imported into the State, and the master of any vessel from which is landed
any article required in chapters 183 to 185 to be inspected, before the master has
received a permit to land the articles from the department or its officer or inspector,
as in such chapters provided, shall be fined not more than $500."]
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Penalties; Chapter 183; Repeal; Section 183-4
Description:
Clarifies that any person violating any provision of part II of chapter 183, Hawaii Revised Statutes, or any rule adopted pursuant thereto shall be guilty of a petty misdemeanor, except for any violation of section 183-17, Hawaii Revised Statutes, that shall be a misdemeanor and repeals section 183-4, Hawaii Revised Statutes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
