| 47 | | - | SECTION 1. The legislature finds that the conveyance of messages containing threats of violence, mass violence, or destruction of property, using various media including the Internet, is a growing concern. These messages are often intended as pranks, or are intended to disrupt services such as the operations of educational facilities, and result in the unnecessary expenditure of significant resources by law enforcement agencies. Due to earlier court rulings, the Hawaii Revised Statutes do not criminalize the making of false or misleading threats. Accordingly, the purpose of this Act is to: (1) Amend the offense of disorderly conduct to include engaging in conduct with the intent to convey certain false or misleading information; and (2) Allow minors convicted of a first-time offense of conveying false or misleading information to apply to the court for expungement. SECTION 2. Section 711-1101, Hawaii Revised Statutes, is amended to read as follows: "§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person: (a) Engages in fighting or threatening, or in violent or tumultuous behavior; (b) Makes unreasonable noise; (c) Subjects another person to offensively coarse behavior or abusive language [which] that is likely to provoke a violent response; (d) Creates a hazardous or physically offensive condition by any act [which] that is not performed under any authorized license or permit; [or] (e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public[.]; or (f) Engages in any conduct with the intent to convey false or misleading information under circumstances in which the information: (i) May reasonably be believed; and (ii) Indicates that an activity has taken, is taking, or will take place that could result in death, bodily injury, or property damage, through the use of a firearm or by widely dangerous means. (2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced. The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation. (3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation. (4) Notwithstanding any other law to the contrary, a person who was under the age of eighteen at the time of the offense and has been convicted of a first-time offense under subsection (1)(f) may apply to the court for an expungement order upon attaining the age of eighteen or three years after the conviction, whichever is later; provided that the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent convictions under subsection (1)(f)." 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. |
|---|
| 47 | + | SECTION 1. The legislature finds that the conveyance of messages containing threats of violence, mass violence, or destruction of property, using various media including the internet, is a growing concern. These messages are often intended as pranks, or are intended to disrupt services such as the operations of educational facilities, and result in the unnecessary expenditure of significant resources by law enforcement agencies. Due to earlier court rulings, the Hawaii Revised Statutes do not criminalize the making of false or misleading threats. Accordingly, the purpose of this Act is to amend the offense of disorderly conduct to include engaging in conduct with the intent to convey certain false or misleading information. SECTION 2. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows: "(1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person: (a) Engages in fighting or threatening, or in violent or tumultuous behavior; (b) Makes unreasonable noise; (c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response; (d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; [or] (e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public[.]; or (f) Engages in any conduct with the intent to convey false or misleading information under circumstances in which the information: (i) May reasonably be believed; and (ii) Indicates that an activity has taken, is taking, or will take place that could result in death, bodily injury, or property damage, through the use of a firearm or by widely dangerous means." 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: _____________________________ By Request |
|---|