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| 1 | - | HOUSE OF REPRESENTATIVES H.B. NO. 1502 THIRTY-FIRST LEGISLATURE, 2022 | |
| 1 | + | HOUSE OF REPRESENTATIVES H.B. NO. 1502 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to safe neighborhoods. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 3 | 3 | HOUSE OF REPRESENTATIVES H.B. NO. 1502 | |
| 4 | - | THIRTY-FIRST LEGISLATURE, 2022 | |
| 4 | + | THIRTY-FIRST LEGISLATURE, 2022 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | HOUSE OF REPRESENTATIVES | |
| 8 | 8 | ||
| 9 | 9 | H.B. NO. | |
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| 11 | 11 | 1502 | |
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| 13 | 13 | THIRTY-FIRST LEGISLATURE, 2022 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | relating to safe neighborhoods. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§706- | |
| 47 | + | SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§706- Authority to impose probationary geographic restriction; business districts; resort zones. A defendant who has been convicted of a misdemeanor, has four prior misdemeanor convictions, and each conviction was the result of an act that occurred within a single business district or resort zoned area may be sentenced to a probationary term of geographic restriction not exceeding years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Violation of an imposed geographic restriction shall be a misdemeanor. Conviction for the misdemeanor of violation of an imposed geographic restriction shall result in the person's imprisonment of thirty days. An individual who lives or works within the district or area in which the acts occurred shall not be prohibited from entering the district. For purposes of this section: "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ | |
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| 49 | 49 | SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: | |
| 50 | 50 | ||
| 51 | - | "§706- | |
| 51 | + | "§706- Authority to impose probationary geographic restriction; business districts; resort zones. A defendant who has been convicted of a misdemeanor, has four prior misdemeanor convictions, and each conviction was the result of an act that occurred within a single business district or resort zoned area may be sentenced to a probationary term of geographic restriction not exceeding years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Violation of an imposed geographic restriction shall be a misdemeanor. Conviction for the misdemeanor of violation of an imposed geographic restriction shall result in the person's imprisonment of thirty days. | |
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| 53 | - | | |
| 53 | + | An individual who lives or works within the district or area in which the acts occurred shall not be prohibited from entering the district. | |
| 54 | 54 | ||
| 55 | - | | |
| 55 | + | For purposes of this section: | |
| 56 | 56 | ||
| 57 | - | (c) Each conviction was the result of an act that occurred within a single business district or an area zoned for resort or resort-hotel use by the appropriate county land use decision-making authority, | |
| 58 | - | ||
| 59 | - | may be sentenced to a probationary term of geographic restriction not to exceed years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. | |
| 60 | - | ||
| 61 | - | (2) Violation of an imposed geographic restriction shall be a misdemeanor. | |
| 62 | - | ||
| 63 | - | (3) The term of imprisonment for a conviction under this section shall be thirty days. | |
| 64 | - | ||
| 65 | - | (4) An individual who lives or works within the district or area in which the acts occurred shall not be prohibited from entering the district or area. | |
| 66 | - | ||
| 67 | - | (5) For purposes of this section "business district" means the territory contiguous to and including a highway when within any six hundred feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway." | |
| 57 | + | "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway." | |
| 68 | 58 | ||
| 69 | 59 | SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. | |
| 70 | 60 | ||
| 71 | 61 | SECTION 3. New statutory material is underscored. | |
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| 73 | 63 | SECTION 4. This Act shall take effect upon its approval. | |
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| 76 | 66 | ||
| 77 | - | Report Title: Safe Neighborhoods; Probation; Geographic Restriction; Misdemeanor Conviction; Business Districts; Resort Areas Description: Allows a defendant who has been convicted of four misdemeanors in any business district or an area zoned for resort or resort-hotel use by the appropriate county decision-making authority to be sentenced to a probationary term of geographic restriction that prohibits the defendant from entering the district or area. Mandates imprisonment of thirty days upon conviction. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 67 | + | INTRODUCED BY: _____________________________ | |
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| 69 | + | INTRODUCED BY: | |
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| 71 | + | _____________________________ | |
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| 73 | + | ||
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| 76 | + | ||
| 77 | + | Report Title: Safe Neighborhoods; Probation; Geographic Restriction; Misdemeanor Conviction; Business Districts; Resort Zones Areas Description: Allows a defendant who has been convicted of four misdemeanors in any business district or resort zoned area to be sentenced to a probationary term of geographic restriction not exceeding an unspecified number of years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Mandates imprisonment of thirty days for violation. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 80 | 82 | ||
| 81 | 83 | Report Title: | |
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| 83 | - | Safe Neighborhoods; Probation; Geographic Restriction; Misdemeanor Conviction; Business Districts; Resort Areas | |
| 85 | + | Safe Neighborhoods; Probation; Geographic Restriction; Misdemeanor Conviction; Business Districts; Resort Zones Areas | |
| 84 | 86 | ||
| 85 | 87 | ||
| 86 | 88 | ||
| 87 | 89 | Description: | |
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| 89 | - | Allows a defendant who has been convicted of four misdemeanors in any business district or | |
| 91 | + | Allows a defendant who has been convicted of four misdemeanors in any business district or resort zoned area to be sentenced to a probationary term of geographic restriction not exceeding an unspecified number of years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Mandates imprisonment of thirty days for violation. | |
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| 96 | 98 | ||
| 97 | 99 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |