Hawaii 2022 Regular Session

Hawaii Senate Bill SB288

Introduced
1/22/21  

Caption

Relating To The Penal Code.

Impact

By creating a criminal offense for unauthorized attachment, SB288 empowers property owners to take immediate action against such encroachments without fear of liability, as long as they act in good faith. The amendment allows owners to remove these objects without delay and gives law enforcement officers the discretion to assist in the removal as well. This change may result in more effective management of public spaces and protection of private property rights, as it provides clarity regarding the legal status of such attachments.

Summary

Senate Bill 288 proposes an amendment to the Hawaii Penal Code that addresses the issue of unauthorized attachments to private property, specifically fences, gates, walls, or other structures. It establishes a legal framework for what constitutes unauthorized attachment and outlines the penalties for violating this law. The bill was introduced in response to increasing concerns over objects like tents, political signs, or buildings obstructing sidewalks by being improperly fastened to private property, which can impede public right-of-way and property owner's rights.

Contention

Points of contention surrounding the bill primarily focus on the balance between property rights and public space use. Critics may argue that this law could lead to arbitrary enforcement and potentially infringe on individuals' rights to express political views or utilize public spaces creatively. Furthermore, there may be concerns about the potential for conflict between property owners and those placing the objects, highlighting the necessity for clear guidelines to ensure fair treatment of all parties involved.

Enforcement

The bill outlines the consequences for repeated offenses, categorizing further violations within a year as a petty misdemeanor, thereby establishing a framework that aims to deter unauthorized activities. While the law aims to streamline the process of dealing with unwanted attachments, the enforcement will require a careful balance to ensure that actions taken by property owners or law enforcement do not lead to unintentional escalations or violations of civil liberties.

Companion Bills

No companion bills found.

Previously Filed As

HI SB2692

Relating To Dangerous Dogs.

HI HB1093

Relating To Administrative Penalties On Public Lands.

HI HB2058

Relating To Dangerous Dogs.

HI SB115

Relating To Aquaculture.

HI HB1241

Relating To Right Of Entry For Professional Surveyors.

HI HB1209

Relating To Public Order.

HI SB1092

Relating To Penalties.

HI SB2532

Relating To Crime.

HI SB3196

Relating To Firearms.

HI HB488

Relating To Aquaculture.

Similar Bills

NJ S1180

Criminalizes unauthorized photographing, filming, or other video recording of person, living animal or creature, or activity within certain dwellings or other structures from outside such dwellings or other structures.

HI HB1787

Relating To Beach Protection And Coastal Access.

CA SB448

Trespassing: removal of trespassers on residential property.

LA HB197

Provides relative to the crime of unauthorized entry of a critical infrastructure (EN SEE FISC NOTE GF EX See Note)

KY HB250

AN ACT relating to property rights.

CA AB1435

Personal Income Tax Law: Corporation Tax Law: credits: cleanup costs.

LA HB507

Provides relative to the unlawful entry of a critical infrastructure (EN SEE FISC NOTE GF EX)

ND HB1305

Criminal trespass; and to provide a penalty.