The bill modifies Section 708-815 of the Hawaii Revised Statutes, notably changing the legal definition and classifications associated with trespass. Under the new framework, trespassing will not only be defined as a violation but will also entail monetary penalties for violations. The proposed fines range but are not specified within the text. Additionally, law enforcement would issue citations directly, making the enforcement of this law easier and potentially expediting the process of handling trespass complaints. However, the bill does not affect rights and duties that mature or penalties incurred prior to its effective date, which can lead to confusion regarding ongoing cases.
Summary
House Bill 1355 seeks to amend existing laws pertaining to trespass by establishing a civil infraction for trespassing on real property. The bill proposes a system whereby individuals who trespass will receive penalties in the form of monetary fines rather than facing criminal charges. This change aims to streamline the legal process surrounding trespass incidents, potentially reducing the burden on the criminal justice system. By reclassifying the offense, the bill allows for lower-level violations to be handled more efficiently under civil law rather than criminal law, which could alleviate overcrowding in courts and streamline law enforcement resources.
Contention
There may be some contentions surrounding this bill regarding the implications of reclassifying trespass as a civil infraction. Critics might argue that it could undermine property rights and diminish the deterrent effect typically associated with criminal penalties. Furthermore, the lack of specific financial penalties may lead to inconsistent enforcement and outcomes for repeat offenders. There is also the potential concern that this change might encourage nonchalant behavior towards private property as the consequences may appear less severe than criminal charges. Stakeholders, including property owners and tenant rights groups, may express their views on how such a bill could affect their interests.
In hunting and furtaking, repealing provisions relating to hunting on Sunday prohibited, providing for temporary Sunday hunting authorized and for hunting and training on Sunday, repealing provisions relating to trespass on private property while hunting and to hunting on Sunday without written permission, providing for the offense of trespass on private land while hunting or furtaking and for the offense of hunting, trapping or taking game or wildlife without written permission and further providing for training dogs on small game; in special licenses and permits, further providing for field dog trials; and imposing penalties.