Hawaii 2024 Regular Session

Hawaii Senate Bill SB2589 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 2589 THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO BURIAL SITES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 2589 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT RELATING TO BURIAL SITES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 2589
4		-	THIRTY-SECOND LEGISLATURE, 2024 ~~S.D. 1~~
	4	+	THIRTY-SECOND LEGISLATURE, 2024
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		2589
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13	13		THIRTY-SECOND LEGISLATURE, 2024
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15		-	~~S.D. 1~~
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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 BURIAL SITES.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. The legislature finds that it is necessary to reflect the seriousness of the act of disturbing human remains from burial sites without consent. Therefore, the purpose of this Act is to increase the penalty for the desecration of burial sites from a misdemeanor to a felony ~~for a second or subsequent offense~~ to deter potential violators from harming burial sites. SECTION 2. Section 6E-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site ~~without permission of the department of land and natural resources: (1) For the first offense,~~ is a misdemeanor ~~for which a fine not to exceed [$25,000 may~~] ~~$10,000 shall be imposed[,]; and (2) For a second or subsequent offense, is a~~ felony for which a fine not to exceed $25,000 shall be imposed, in addition to any other penalty authorized by chapter 706 for a [misdemeanor.] felony." 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 it is necessary to reflect the seriousness of the act of disturbing human remains from burial sites without consent. Therefore, the purpose of this Act is to increase the penalty for the desecration of burial sites from a misdemeanor to a felony to deter potential violators from harming burial sites. SECTION 2. Section 6E-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a [misdemeanor] felony for which a fine not to exceed $25,000 [may] shall be imposed, in addition to any other penalty authorized by chapter 706 for a [misdemeanor] felony." 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: _____________________________
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49	49		SECTION 1. The legislature finds that it is necessary to reflect the seriousness of the act of disturbing human remains from burial sites without consent.
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51		-	Therefore, the purpose of this Act is to increase the penalty for the desecration of burial sites from a misdemeanor to a felony ~~for a second or subsequent offense~~ to deter potential violators from harming burial sites.
	51	+	Therefore, the purpose of this Act is to increase the penalty for the desecration of burial sites from a misdemeanor to a felony to deter potential violators from harming burial sites.
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53	53		SECTION 2. Section 6E-72, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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55		-	"(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site without permission of the department of land and natural resources:
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57		-	(1) For the first offense, is a misdemeanor for which a fine not to exceed [$25,000 may] $10,000 shall be imposed[,]; and
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59		-	(2) For a second or subsequent offense, is a felony for which a fine not to exceed $25,000 shall be imposed, in addition to any other penalty authorized by chapter 706 for a [misdemeanor.] felony."
	55	+	"(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a [misdemeanor] felony for which a fine not to exceed $25,000 [may] shall be imposed, in addition to any other penalty authorized by chapter 706 for a [misdemeanor] felony."
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61	57		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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63	59		SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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65	61		SECTION 5. This Act shall take effect upon its approval.
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67		-	Report Title: State Historic Preservation Division; Burial Sites; Penalties Description: Increases the penalty for the desecration of Hawaiian and non-Hawaiian burial sites from a misdemeanor to a felony for second or subsequent offenses. (SD1) 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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	65	+	INTRODUCED BY: _____________________________
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	67	+	INTRODUCED BY:
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	69	+	_____________________________
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	75	+	Report Title: State Historic Preservation Division; Burial Sites; Penalties Description: Increases the penalty for the desecration of Hawaiian and non-Hawaiian burial sites from a misdemeanor to a felony. 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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75	83		Report Title:
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77	85		State Historic Preservation Division; Burial Sites; Penalties
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81	89		Description:
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83		-	Increases the penalty for the desecration of Hawaiian and non-Hawaiian burial sites from a misdemeanor to a felony ~~for second or subsequent offenses~~. ~~(SD1)~~
	91	+	Increases the penalty for the desecration of Hawaiian and non-Hawaiian burial sites from a misdemeanor to a felony.
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91	99		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.