HOUSE OF REPRESENTATIVES |
H.B. NO. |
89 |
THIRTIETH LEGISLATURE, 2019 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§132D- Liability of homeowner, renter, or person otherwise responsible for real property. A homeowner, renter, or person otherwise responsible for the real property in question who intentionally, knowingly, or recklessly allows an individual to possess, set off, ignite, or otherwise cause to explode any aerial device while on the real property shall be deemed to be in violation of this chapter and shall be subject to the penalties specified in section 132D-14(a)(2)."
SECTION 2. Section 132D-20, Hawaii Revised Statutes, is amended to read as follows:
"§132D-20
Enforcement[.]; probable cause for arrest. (a) This chapter shall be enforced by
each county. The counties are authorized
to enforce and administer the provisions of this chapter.
(b) Arrests for offenses under this chapter or
under a county fireworks ordinance shall be made in compliance with chapter
803. The facts and circumstances to
establish probable cause for an arrest may include but are not limited to:
(1) Statements from individuals who witnessed
the offense, even if those individuals are not law enforcement officers; and
(2) Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses.
For the
purposes of this subsection:
"Other
recording" includes any photograph or a video made using an unmanned
aerial vehicle.
"Unmanned
aerial vehicle" means any aerial vehicle that is
operated without the possibility of direct human intervention within or on the
aerial vehicle. The term "unmanned
aerial vehicle" does not include a remote-controlled airplane."
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 Statutory material to be repealed is bracketed and stricken.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 on July 1, 2050.
Report Title:
Fireworks; Property Liability; Arrests; Probable Cause
Description:
Establishes liability for a person who is responsible for real property and allows an individual to possess or set off illegal aerial devices on the real property. Clarifies that probable cause for arrest for fireworks offenses may be based on statements from witnesses and photographs, video, and other recordings. (HB89 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.