Bill Text: HI HB723 | 2010 | Regular Session | Introduced

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Bill Title: Off-Highway Motor Vehicles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB723 Detail]

Download: Hawaii-2010-HB723-Introduced.html

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Report Title:

Off-Highway Motor Vehicles

 

Description:

Classifies the unauthorized operation of an off-highway motor vehicle on another's land as simple trespass.

 

 

HOUSE OF REPRESENTATIVES	H.B. NO.	723
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to off-highway VEHICLES.

 

 

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

 

     SECTION 1.  Section 708-815, Hawaii Revised Statutes, is amended to read as follows:

     "§708-815  Simple trespass.  (1)  A person commits the offense of simple trespass if [the]:

     (a)  The person knowingly enters or remains unlawfully in or upon premises[.];

     (b)  The person operates an off-highway motor vehicle upon the land or premises of another without the permission of the owner of the land or premises, the owner's agent, or the person in lawful possession of the land or premises; or

     (c)  The person operates an off-highway motor vehicle without authorization in a public park or recreational ground.

     (2)  For the purposes of this section, unless the context requires otherwise, "off-highway motor vehicle" includes, but is not limited to, the following:

     (a) Any motorcycle, regardless of whether registered pursuant to section 286-41, that is designed or equipped to be operated off of the highway and over a variety of terrain; or

     (b)  Any motor vehicle having three or more wheels, regardless of whether registered under section 286-41, that is designed or equipped to be operated off of the highway on a variety of terrain, commonly referred to as an "all-terrain vehicle," "ATV," or "dune buggy".

     The term does not include emergency vehicles.

     [(2)] (3)  Simple trespass is a violation.  Simple trespass involving the operation of an off-highway motor vehicle may be punishable by a fine of not more than $      and forfeiture of the off-highway motor vehicle."

SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________