Hawaii 2022 Regular Session

Hawaii Senate Bill SB395 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 395 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to disorderly conduct. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 395
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	395
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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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 disorderly conduct.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	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
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49	49	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.
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51	51	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.
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53	53	SECTION 2. Section 711-1101, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
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55	55	"(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:
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57	57	(a) Engages in fighting or threatening, or in violent or tumultuous behavior;
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59	59	(b) Makes unreasonable noise;
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61	61	(c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response;
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63	63	(d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; [or]
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65	65	(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
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67	67	(f) Engages in any conduct with the intent to convey false or misleading information under circumstances in which the information:
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69	69	(i) May reasonably be believed; and
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71	71	(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."
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73	73	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.
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75	75	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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77	77	SECTION 5. This Act shall take effect upon its approval.
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81	81	INTRODUCED BY: _____________________________
82	82	By Request
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84	84	INTRODUCED BY:
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86	86	_____________________________
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90	90	By Request
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92	92	Report Title: Honolulu Police Department Package; Disorderly Conduct; False or Misleading Information Description: Amends the offense of disorderly conduct to include engaging in conduct with the intent to convey certain false or misleading information. 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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100	100	Honolulu Police Department Package; Disorderly Conduct; False or Misleading Information
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104	104	Description:
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106	106	Amends the offense of disorderly conduct to include engaging in conduct with the intent to convey certain false or misleading information.
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114	114	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.