Bill Text: HI SB1175 | 2010 | Regular Session | Introduced
Bill Title: Civil Liability of Property Owners
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1175 Detail]
Download: Hawaii-2010-SB1175-Introduced.html
Report Title:
Civil Liability of Property Owners
Description:
Limits the civil liability of property owners, tenants, and household members to persons injured or killed on a premises during the commission of class A or B felony or certain violent crimes.
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THE SENATE |
S.B. NO. |
1175 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to limiting civil liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663‑ Owner to person on property during commission of a crime; limited liability. (a) Any owner of any estate or any other interest in real property, whether possessory or nonpossessory, or owner's agent having authority to be on the property, including but not limited to a tenant, household member, employee, contractor, or public entity, shall not be liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any of the felonies set forth in subsection (b) by the injured or deceased person, or when a reasonable person would believe that any of the felonies set forth in subsection (b) are imminent.
(b) The felonies to which the provisions of this section apply are the following:
(1) Murder in the first or second degree;
(2) Attempted murder;
(3) Any class A felony enumerated in the Hawaii Penal Code, including any attempt or conspiracy to commit a crime classified as a class A felony;
(4) Any class B felony enumerated in the Hawaii Penal Code, including any attempt or conspiracy to commit a crime classified as a class B felony;
(5) Any felony punishable by imprisonment for life;
(6) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant uses a firearm; and
(7) Any felony in which the defendant personally used a dangerous or deadly weapon.
(c) The limitation on liability conferred by this section arises at the moment the injured or deceased person commences the felony or attempted felony and extends to the moment the injured or deceased person is no longer upon the property.
(d) The limitation on liability conferred by this section applies only when the injured or deceased person's conduct in furtherance of the commission of a felony specified in subsection (b) proximately or legally causes the injury or death.
(e) This section does not limit the liability of an owner or an owner's agent that otherwise exists for wilful, wanton, or criminal conduct.
(f) The limitation on liability provided by this section shall be in addition to any other available defense."
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. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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