Bill Text: HI SB566 | 2019 | Regular Session | Amended
Bill Title: Relating To The Penal Code.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2019-05-01 - Received notice of Final Reading (Sen. Com. No. 968). [SB566 Detail]
Download: Hawaii-2019-SB566-Amended.html
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THE SENATE |
S.B. NO. |
566 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO THE PENAL CODE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that objects, such as tents and other illegal structures, that obstruct public sidewalks are increasingly being anchored or attached to adjacent property, such as fences belonging to private owners. The legislature further finds that existing law does not appear to empower law enforcement officers to summarily detach these objects from the private property. Complaints about objects attached to fences or other structures are likely to be treated as civil complaints that property owners must initiate through the courts.
The purpose of this Act is to prevent the attachment of objects to fences and other structures without permission, and to facilitate the removal of objects attached in this manner, by establishing the criminal violation of unauthorized attachment of an object to a fence, gate, or wall.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§708- Unauthorized attachment of an object to a fence, gate, or wall; penalty. (1) A person commits the offense of unauthorized attachment of an object to a fence, gate, or wall if the person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without permission from the owner.
(2) The owner, acting in good faith, may detach
the object without delay or notice. The
owner shall not be subject to liability for detaching an object under this
section, except for any damages that may result from the owner's gross
negligence or wanton acts or omissions. A
law enforcement officer, at the request of the owner, may also detach the
object without delay or notice. Removal
of the object may be conducted at the law enforcement officer's discretion, pursuant
to state law or county ordinance that authorizes the removal.
(3) Any person who violates this section shall be
issued a written warning citation by a law enforcement officer for the first
offense. Any person who violates this
section after receiving a written warning citation from a law enforcement
officer for a prior offense shall be guilty of a violation; provided that a second
or subsequent offense committed within one year of the last offense shall be subject
to a fine of $100.
(4) For purposes of this section,
"owner" means:
(a) The owner of
the fence, gate, wall, or other structure or barrier; or
(b) The owner,
agent, tenant, lessor, or sublessor of the real property on which the fence,
gate, wall, or other structure or barrier is situated, or their respective
assigns or successors in interest."
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.
Report Title:
Penal Code; Offenses Against Property Rights; Unauthorized Attachment of Object
Description:
Establishes the offense of unauthorized attachment of an object to a fence, gate, or wall, which is committed when a person knowingly attaches an object to a fence, gate, wall, or other structure or barrier without the owner's permission. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
