Hawaii 2024 Regular Session

Hawaii Senate Bill SB2099 Compare Versions

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

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1	1	THE SENATE S.B. NO. 2099 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to SCHOOL zones. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2099
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2099
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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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 SCHOOL zones.
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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. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§711- Loitering in or obstructing school-zoned property; radius. (1) A person commits the offense of loitering in or obstructing school-zoned property if during school hours, the person: (a) Loiters in any school-zoned property; or (b) Intentionally or knowingly stands, sits, or lies on a school-zoned property in a manner that obstructs access to or use of a building, walkway, public passage, road, highway, sidewalk, or structure on a school-zoned property. (2) The prohibitions in subsection (1) shall not apply to: (a) Any student enrolled at the school within the school‑zoned property; (b) Any person transporting a student attending the school or schools within the school-zone property; (c) Any person standing, sitting, or lying due to a medical emergency; (d) Any person who, as a result of a disability, is utilizing a wheelchair or other, similar wheeled chair device to move about within two hundred feet from a school; (e) Any person standing, sitting, or lying for the purpose of engaging in an expressive activity; (f) Any person standing or sitting while attending or viewing any festival, performance, rally, demonstration, or similar event conducted on a sidewalk or nearby area pursuant to a permit issued by the appropriate authority; (g) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility; (h) Any child who is sitting or lying in a baby carriage, stroller, carrier, or similar device, to move about the school-zoned property; (i) Any person sitting on a chair or bench that was placed there by a public agency; (j) Any person standing or sitting in line to receive goods or services; or (k) Any person engaging in an authorized activity pursuant to a permit issued by the appropriate authority. (3) No person shall be deemed to have violated this section unless the person engages in conduct prohibited by this section after being notified by a law enforcement officer that the conduct violates this section. (4) For purposes of this section: "Expressive activity" means speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas, and for which no fee is charged or required as a condition of participation in or attendance at the activity. The term generally does not include sports events, such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations, or other events the principal purpose of which is entertainment. "School hours" means Monday through Friday from 7:00 a.m. until 4:00 p.m., excluding days when classes are not in session. "School-zoned property" means any public school property or any public property within a two-hundred-foot radius of a public school property. (5) Loitering in or obstructing school-zoned property is a petty misdemeanor." 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 on January 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§711- Loitering in or obstructing school-zoned property; radius. (1) A person commits the offense of loitering in or obstructing school-zoned property if during school hours, the person:
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53	53	(a) Loiters in any school-zoned property; or
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55	55	(b) Intentionally or knowingly stands, sits, or lies on a school-zoned property in a manner that obstructs access to or use of a building, walkway, public passage, road, highway, sidewalk, or structure on a school-zoned property.
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57	57	(2) The prohibitions in subsection (1) shall not apply to:
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59	59	(a) Any student enrolled at the school within the school‑zoned property;
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61	61	(b) Any person transporting a student attending the school or schools within the school-zone property;
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63	63	(c) Any person standing, sitting, or lying due to a medical emergency;
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65	65	(d) Any person who, as a result of a disability, is utilizing a wheelchair or other, similar wheeled chair device to move about within two hundred feet from a school;
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67	67	(e) Any person standing, sitting, or lying for the purpose of engaging in an expressive activity;
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69	69	(f) Any person standing or sitting while attending or viewing any festival, performance, rally, demonstration, or similar event conducted on a sidewalk or nearby area pursuant to a permit issued by the appropriate authority;
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71	71	(g) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility;
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73	73	(h) Any child who is sitting or lying in a baby carriage, stroller, carrier, or similar device, to move about the school-zoned property;
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75	75	(i) Any person sitting on a chair or bench that was placed there by a public agency;
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77	77	(j) Any person standing or sitting in line to receive goods or services; or
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79	79	(k) Any person engaging in an authorized activity pursuant to a permit issued by the appropriate authority.
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81	81	(3) No person shall be deemed to have violated this section unless the person engages in conduct prohibited by this section after being notified by a law enforcement officer that the conduct violates this section.
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83	83	(4) For purposes of this section:
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85	85	"Expressive activity" means speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas, and for which no fee is charged or required as a condition of participation in or attendance at the activity. The term generally does not include sports events, such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations, or other events the principal purpose of which is entertainment.
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87	87	"School hours" means Monday through Friday from 7:00 a.m. until 4:00 p.m., excluding days when classes are not in session.
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89	89	"School-zoned property" means any public school property or any public property within a two-hundred-foot radius of a public school property.
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91	91	(5) Loitering in or obstructing school-zoned property is a petty misdemeanor."
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93	93	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.
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95	95	SECTION 3. New statutory material is underscored.
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97	97	SECTION 4. This Act shall take effect on January 1, 2025.
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101	101	INTRODUCED BY: _____________________________
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103	103	INTRODUCED BY:
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105	105	_____________________________
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111	111	Report Title: School Zones; Loitering; Obstructing Description: Prohibits loitering at schools and public property within 200 feet of a school. Prohibits obstructing a building, walkway, public passage, road, highway, sidewalk, or structure of a school or a public property within 200 feet of a school. 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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119	119	Report Title:
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121	121	School Zones; Loitering; Obstructing
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125	125	Description:
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127	127	Prohibits loitering at schools and public property within 200 feet of a school. Prohibits obstructing a building, walkway, public passage, road, highway, sidewalk, or structure of a school or a public property within 200 feet of a school.
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133	133	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.