Hawaii 2025 Regular Session

Hawaii House Bill HB270 Compare Versions

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

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 270 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PUBLIC SAFETY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 270
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	270
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 PUBLIC SAFETY.
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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 public has a right to freely enjoy and utilize public spaces. Urinating and defecating in public places create health hazards that stem from human waste. These health hazards include risk of Hepatitis A, E. Coli, and other infections. Such concerns associated with public urination and defecation discourage people from patronizing establishments. The purpose of this Act is to protect the general public from unnecessary health hazards by prohibiting public urination or defecation. SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§711- Urinating or defecating in public. (1) A person commits the offense of urinating or defecating in public if the person intentionally or knowingly urinates or defecates in a public place or any area where such an act is likely to be observed by any member of the public. (2) As used in this section, "public place" means any publicly-owned or privately-owned property open for public use or to which the public is invited for entertainment or business purposes and includes but is not limited to any street, sidewalk, driveway, alley, doorway, park, playground, plaza, mall, building, parking lot, parking garage, and public transportation. (3) This section shall not apply in cases where a person failed to use a restroom or other toilet facility because of a medical condition verified by a licensed physician. (4) This section shall not apply to a person urinating or defecating while using appropriate fixtures in any restroom or other toilet facility designed for the sanitary disposal of human waste. (5) Urinating or defecating in public is a misdemeanor punishable as follows: (a) For a first offense, by: (i) A fine of no less than $500 and no more than $1,000; or (ii) Forty-eight hours of community service work; (b) For a second offense, by: (i) A fine of no less than $750 and no more than $1,500; or (ii) No less than seventy-two hours of community service work; and (c) For a third or subsequent offense, by: (i) A fine of no less than $1,000 and no more than $2,000; or (ii) No less than one hundred twenty hours of community service work. (6) After the arrest of a person in violation of this section, who has identified themselves as experiencing homelessness, the arresting officer shall contact the department of health's Hawai'i CARES 988 to have a social worker or psychiatrist assigned to the arrestee. The assigned worker shall conduct a mandatory mental health screening for the arrestee and provide supportive services as needed." 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. 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 the public has a right to freely enjoy and utilize public spaces. Urinating and defecating in public places create health hazards that stem from human waste. These health hazards include risk of Hepatitis A, E. Coli, and other infections. Such concerns associated with public urination and defecation discourage people from patronizing establishments. The purpose of this Act is to protect the general public from unnecessary health hazards by prohibiting public urination or defecation.
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51	51	SECTION 2. 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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53	53	"§711- Urinating or defecating in public. (1) A person commits the offense of urinating or defecating in public if the person intentionally or knowingly urinates or defecates in a public place or any area where such an act is likely to be observed by any member of the public.
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55	55	(2) As used in this section, "public place" means any publicly-owned or privately-owned property open for public use or to which the public is invited for entertainment or business purposes and includes but is not limited to any street, sidewalk, driveway, alley, doorway, park, playground, plaza, mall, building, parking lot, parking garage, and public transportation.
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57	57	(3) This section shall not apply in cases where a person failed to use a restroom or other toilet facility because of a medical condition verified by a licensed physician.
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59	59	(4) This section shall not apply to a person urinating or defecating while using appropriate fixtures in any restroom or other toilet facility designed for the sanitary disposal of human waste.
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61	61	(5) Urinating or defecating in public is a misdemeanor punishable as follows:
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63	63	(a) For a first offense, by:
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65	65	(i) A fine of no less than $500 and no more than $1,000; or
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67	67	(ii) Forty-eight hours of community service work;
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69	69	(b) For a second offense, by:
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71	71	(i) A fine of no less than $750 and no more than $1,500; or
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73	73	(ii) No less than seventy-two hours of community service work; and
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75	75	(c) For a third or subsequent offense, by:
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77	77	(i) A fine of no less than $1,000 and no more than $2,000; or
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79	79	(ii) No less than one hundred twenty hours of community service work.
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81	81	(6) After the arrest of a person in violation of this section, who has identified themselves as experiencing homelessness, the arresting officer shall contact the department of health's Hawai'i CARES 988 to have a social worker or psychiatrist assigned to the arrestee. The assigned worker shall conduct a mandatory mental health screening for the arrestee and provide supportive services as needed."
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83	83	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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85	85	SECTION 4. New statutory material is underscored.
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87	87	SECTION 5. This Act shall take effect upon its approval.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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93	93	_____________________________
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99	99	Report Title: Public Urination; Public Defecation; Public Safety; Public Order Description: Creates the offense of urinating or defecating in public. Provides penalties for public urination or defecation. Requires mental health evaluation and supportive services for a person experiencing homelessness who is arrested for urinating or defecating in public places. 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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105	105	Report Title:
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107	107	Public Urination; Public Defecation; Public Safety; Public Order
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111	111	Description:
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113	113	Creates the offense of urinating or defecating in public. Provides penalties for public urination or defecation. Requires mental health evaluation and supportive services for a person experiencing homelessness who is arrested for urinating or defecating in public places.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.