HOUSE OF REPRESENTATIVES

H.B. NO.

44

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to littering.

 

 

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

 


     SECTION 1.  The legislature finds that Hawaii continues to face a serious and rampant littering problem.  The presence of rubbish in neighborhoods and parks and on beaches mars the State's natural beauty and negatively impacts its reputation as one of the premier scenic destinations in the world.  The legislature further finds that the current monetary penalties for the petty misdemeanor offense of criminal littering do not sufficiently deter residents and visitors from littering.

     The legislature notes that section 706-640(1)(g), Hawaii Revised Statutes, allows for maximum fine amounts that are higher or lower than the amounts authorized by that section for various grades and classes of penal code offenses; provided that an offense statute specifically authorizes a higher or lower amount.

     Accordingly, the purpose of this Act is to significantly deter criminal littering by increasing from $1,000 to $2,000 the maximum fine for this petty misdemeanor offense.

     SECTION 2.  Section 708-829, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  The court shall sentence any person convicted of committing the offense of criminal littering as follows:

     (a)  For the first offense, the person shall spend four hours of either picking up litter on public property or performing community service;

     (b)  For any subsequent offense, the person shall spend eight hours of either picking up litter on public property or performing community service; and

     (c)  The court shall fine the person convicted of committing the offense of criminal littering at least $500, but not more than [$1,000.] $2,000."

     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  Statutory material to be repealed is bracketed and stricken.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 upon its approval.

 

INTRODUCED BY:

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Report Title:

Littering; Penal Code; Criminal Littering; Authorized Fine

 

Description:

Increases from $1,000 to $2,000 the maximum fine for the petty misdemeanor offense of criminal littering.

 

 

 

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