HOUSE OF REPRESENTATIVES

H.B. NO.

1355

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to civil trespass.

 

 

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

 

     SECTION 1.  The purpose of this Act is to establish the civil infraction of trespass onto real property and monetary penalties therefor.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

CIVIL TRESPASS ONTO REAL PROPERTY

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Enter or remain unlawfully" means to be in or upon premises when the person is not licensed, invited, or otherwise privileged to be upon the premises.  A person who, regardless of the person's intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person.  A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public.  A person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege, unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

     "Intentionally" has the same meaning as in section 702‑206(1).

     "Knowingly" has the same meaning as in section 702-206(2).

     "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.

     "Premises" includes any building or portion thereof, or any real property.

     §   -2  Civil trespass; fines.  (a)  It shall be unlawful for any person to intentionally or knowingly enter or remain unlawfully in or upon premises without prior authorization or invitation by the owner; except that conduct shall not constitute trespass if it occurs in the airspace above the premises and:

     (1)  The conduct does not interfere with the owner's actual use of the premises; or

     (2)  The conduct is directly related to the construction of affordable housing, as that term is defined in section 201H-57.

     (b)  A claim of mistaken entry upon the premises or a claim of ignorance as to the location of the boundary line of the premises shall not constitute a defense to civil trespass.

     (c)  No cause of action may be brought by a property owner based upon a claim of trespass into airspace when the conduct falls within one of the exceptions identified in subsection (a).

     §   -3  Penalties.  (a)  A person found to be in violation of section    -2 shall be issued a citation by a state or county law enforcement officer, as applicable.

     (b)  Except when treated as a criminal offense or violation under a different section of the Hawaii Revised Statutes, or except as provided elsewhere in the Hawaii Revised Statutes, the conduct described in section    -2 shall be treated as a civil infraction and subject to the following fines:

     (1)  For a first violation, a fine of at least $       and not exceeding $      ;

     (2)  For a second violation involving the same premises, a fine of at least $       and not exceeding $      ; and

     (3)  For a third or subsequent violation involving the same premises, a fine of at least $    and not exceeding $      .

     (c)  Violations of this chapter shall be heard in the district courts and adjudicated using a system modeled after chapter 291D; provided that no later than January 1, 2024, the judiciary shall have established and implemented the system to adjudicate citations for civil trespass issued under this chapter."

     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.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Real Property; Trespass; Civil Infraction; Penalties

 

Description:

Establishes the civil infraction of trespass onto real property and monetary penalties therefor.  Provides that a violator shall be issued a citation.  Requires violations to be adjudicated in the district courts using a system similar to that used for adjudicating traffic infractions and emergency period infractions.  Requires the Judiciary to have established and implemented no later than 1/1/2024 the system to adjudicate citations for civil trespass.

 

 

 

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