HB1957 HD1

SECTION 1. The legislature finds that, according to the 2024 point-in-time count, the number of individuals experiencing homelessness on Oahu increased by about twelve per cent from 2023 to 2024, with unsheltered homelessness on Oahu rising by one hundred ten per cent over the past twelve years. This increase has resulted in more unsheltered individuals residing in public spaces, especially in urban areas such as public sidewalks, often in front of residential, commercial, and school entrances, thereby obstructing access and creating hazards for kupuna, keiki, persons with disabilities, and individuals with limited mobility.

Maintaining clear and accessible entrances is critical to protecting public safety, preserving access to essential services, and ensuring that all members of the community can safely enter and exit their homes, schools, and places of work.

The purpose of this Act is to establish, for cities with a population of three hundred thousand or more, enforcement procedures to prevent people or personal property from blocking or otherwise impeding ingress or egress to private doorways and entranceways.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§711- Prohibited activity at an entranceway. (1) In any city with a population of three hundred thousand or more, a person commits the offense of prohibited activity at an entranceway, if the person intentionally, knowingly, or recklessly sleeps, lies, sits, remains standing, or places personal property or a combination thereof within ten feet of a private doorway or entranceway of a protected location in a manner that obstructs or materially interferes with ingress or egress.

(2) Prohibited activity at an entranceway shall be a violation subject to citation pursuant to subsection (4)(b).

(3) The prohibitions in subsection (1) shall not apply to a person who is:

(a) Acting as authorized or allowed by state law, county ordinance, or a permit or rule issued by the state or a county;

(b) Actively waiting to enter a protected location for goods or services during the location's hours of operation; provided that the person and any personal property do not materially interfere with ingress or egress; or

(c) Present pursuant to verbal or written permission granted by the owner, lessee, or authorized agent of the protected location.

(4) A person in violation of this section shall remove themselves and all personal property at least ten feet away from the private doorway or entranceway to allow ingress or egress to the private doorway or entranceway. When a person is found in violation, a county law enforcement officer shall:

(a) Issue a verbal warning, which shall include:

(i) Notice that the person is in violation of this section;

(ii) Instructions for the person to move themselves and all personal property at least ten feet away from the private doorway or entranceway to allow ingress or egress to the private doorway or entranceway; and

(iii) Notice that if the person is still in violation of this section within one hour, it will result in a citation;

(b) Issue an initial citation if, after one hour from receipt of the verbal warning, the person continues to be in violation of subsection (1); and

(c) Initiate the county's encampment or obstruction clearance protocol, in accordance with applicable county standard operating procedures, if the person continues to be in violation of subsection (1) after a verbal warning in accordance with paragraph (a) and a reasonable opportunity to comply; provided that:

(i) Any personal property remaining at the location may be removed as part of the clearance. The status, storage, reclamation, and disposition of removed property shall be governed exclusively by section 171-31.5; and

(ii) Items that are perishable or contaminated, constitute refuse, or pose an immediate threat to public health or safety may be summarily disposed of at the time of removal; provided further that the determination shall be based on specific and articulable health or safety conditions; provided further that the officer shall document the basis for the determination in a written report prepared contemporaneously with the removal.

(5) County law enforcement agencies shall have authority to enforce this section, including issuing warnings and citations, and may effect arrests only as authorized by law.

(6) Complaints regarding individuals domiciling or storing personal property in violation of this section shall be directed primarily to county law enforcement agencies; provided that all law enforcement agencies shall work collaboratively to coordinate enforcement efforts and ensure effective compliance.

(7) This section shall supplement and shall not replace or preempt any existing state or county laws, ordinances, or rules prohibiting obstruction, domiciling, or unlawful storage of personal property on public property adjacent to private doorways or entranceways. Citations issued pursuant to this section shall be in addition to any other penalties or enforcement actions authorized under law.

(8) For purposes of this section:

"Private doorway or entranceway" means a door, gate, or other access point that is designed or intended for pedestrian ingress or egress to or from a protected location and that directly abuts a public sidewalk or public way, including:

(a) Doorways serving residential, commercial, educational, community, or religious uses;

(b) Doorways of vacant commercial properties that remain accessible from a public sidewalk;

(d) Fire escape doors, emergency exits, and other designated pedestrian egress points.

"Protected location" means a residence, business, educational institution, religious institution, community center, or governmental entity.

(9) For purposes of this section, "reasonable opportunity to comply" means a period of time after a verbal warning issued in accordance with subsection (4)(a), during which the person is permitted to cease the specific conduct and begin relocating themselves and any personal property. The determination shall be based on objective circumstances, including:

(a) The volume of personal property present;

(b) The person's apparent physical or mental condition;

(d) Whether the person is actively and measurably relocating themselves or personal property."

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. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1957
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII