Bill Text: HI HB2601 | 2024 | Regular Session | Introduced
Bill Title: Relating To Public Safety.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-01-26 - Referred to JHA, FIN, referral sheet 3 [HB2601 Detail]
Download: Hawaii-2024-HB2601-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2601 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the public has a right to freely enjoy and utilize public spaces. Urinating and defecating in public places create health hazards that stem from human waste. Such concerns associated with public urination and defecation discourage people from patronizing establishments. The purpose of this Act is to prohibit public urination or defecation.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Urinating or defecating in public. (1)
A person commits the offense of urinating or defecating in public if the
person intentionally or knowingly urinates or defecates in a public place or
any area where such an act is likely to be observed by any member of the
public.
(2) As used in this section, "public
place" means any publicly-owned or privately-owned property open for
public use or to which the public is invited for entertainment or business
purposes and includes but is not limited to any street, sidewalk, driveway,
alley, doorway, park, playground, plaza, mall, building, parking lot, parking
garage, and public transportation.
(3) This section shall not apply in cases where a
person failed to use a restroom or other toilet facility because of a medical
condition verified by a licensed physician.
(4) This section shall not apply to a person
urinating or defecating while using appropriate fixtures in any restroom or
other toilet facility designed for the sanitary disposal of human waste.
(5) Urinating or defecating in public is a
misdemeanor punishable as follows:
(a) For a first
offense, by:
(i) A
fine of no less than $500 and no more than $1,000; or
(ii) Forty-eight
hours of community service work;
(b) For a second
offense, by:
(i) A fine of no less than $750 and no more than
$1,000; or
(ii) No
less than seventy-two hours of community service work; and
(c) For a third or
subsequent offense, by:
(i) A
fine of no less than $1,000 and no more than $2,000; or
(ii) No
less than one hundred twenty hours of community service work.
(6) After the arrest of a homeless person in violation of this section, the arresting officer shall contact the department of health's Hawai'i CARES 988 to get a social worker, or psychiatrist, assigned to the arrestee. The assigned worker shall conduct a mandatory mental health screening for the homeless arrestee and provide supportive services as needed."
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. 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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Report Title:
Public Urination; Public Defecation; Public Safety; Public Order
Description:
Creates the offense of urinating or defecating in public. Provides penalties for public urination or defecation. Requires mental health evaluation and supportive services for a homeless person arrested for urinating or defecating in public places.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
