Hawaii 2025 Regular Session

Hawaii House Bill HB538 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. 538 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to safe entryways. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 538
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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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 safe entryways.
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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 according to the 2024 Point in Time survey, the number of homeless individuals in Hawaii living on the streets has nearly doubled during the last decade. Although many residents may not directly see or feel the change in their everyday lives, many other residents must deal with daily encounters when leaving or returning to their homes, places of work, or while running errands. Many homeless individuals live on public sidewalks, often directly in front of places of residence or business. In order to ensure the safety of all involved, it is important that the doorways of residences or businesses not be blocked by individuals or their personal property. Therefore, the purpose of this Act is to: (1) Prohibit individuals from residing in a doorway or surrounding area of a protected location; and (2) Give county police departments primary authority to enforce the prohibition. SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . §708-A Definitions. As used in this part: "Doorway or surrounding area" means: (1) A doorway; or (2) An area within twenty feet of a doorway, that serves as an entrance or exit of a protected location and that is immediately adjacent to or within ten feet of a public sidewalk. "Order to vacate" means an order issued by a law enforcement agency to vacate a doorway or surrounding area of a protected location. "Protected location" includes a residence, business, educational institution, religious institution, or community center. §708-B Residence; prohibited. Unless otherwise permitted by law, including section 708-C, no individual shall reside in a doorway or surrounding area of a protected location. §708-C Applicability. This part shall not be construed to apply to: (1) A lawful owner or renter of real property within twenty feet of a doorway or surrounding area of a protected location; or (2) Any other individual who lawfully occupies real property within twenty feet of a doorway or surrounding area of a protected location. §708-D Enforcement. (a) The county police departments shall have primary authority to enforce this part. (b) In enforcing this part, the county police departments shall: (1) Not be required to provide any advance notice prior to issuing an order to vacate; (2) Issue oral orders to vacate; (3) Allow individuals up to thirty minutes to remove any personal property; and (4) Immediately remove and dispose of any personal property if the owner of the property is not present or available at the time an order to vacate is issued; provided that any property removed shall not be held for future retrieval by its owner." SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that according to the 2024 Point in Time survey, the number of homeless individuals in Hawaii living on the streets has nearly doubled during the last decade. Although many residents may not directly see or feel the change in their everyday lives, many other residents must deal with daily encounters when leaving or returning to their homes, places of work, or while running errands. Many homeless individuals live on public sidewalks, often directly in front of places of residence or business. In order to ensure the safety of all involved, it is important that the doorways of residences or businesses not be blocked by individuals or their personal property.
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51	51	Therefore, the purpose of this Act is to:
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53	53	(1) Prohibit individuals from residing in a doorway or surrounding area of a protected location; and
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55	55	(2) Give county police departments primary authority to enforce the prohibition.
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57	57	SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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59	59	"Part .
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61	61	§708-A Definitions. As used in this part:
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63	63	"Doorway or surrounding area" means:
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65	65	(1) A doorway; or
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67	67	(2) An area within twenty feet of a doorway,
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69	69	that serves as an entrance or exit of a protected location and that is immediately adjacent to or within ten feet of a public sidewalk.
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71	71	"Order to vacate" means an order issued by a law enforcement agency to vacate a doorway or surrounding area of a protected location.
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73	73	"Protected location" includes a residence, business, educational institution, religious institution, or community center.
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75	75	§708-B Residence; prohibited. Unless otherwise permitted by law, including section 708-C, no individual shall reside in a doorway or surrounding area of a protected location.
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77	77	§708-C Applicability. This part shall not be construed to apply to:
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79	79	(1) A lawful owner or renter of real property within twenty feet of a doorway or surrounding area of a protected location; or
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81	81	(2) Any other individual who lawfully occupies real property within twenty feet of a doorway or surrounding area of a protected location.
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83	83	§708-D Enforcement. (a) The county police departments shall have primary authority to enforce this part.
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85	85	(b) In enforcing this part, the county police departments shall:
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87	87	(1) Not be required to provide any advance notice prior to issuing an order to vacate;
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89	89	(2) Issue oral orders to vacate;
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91	91	(3) Allow individuals up to thirty minutes to remove any personal property; and
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93	93	(4) Immediately remove and dispose of any personal property if the owner of the property is not present or available at the time an order to vacate is issued; provided that any property removed shall not be held for future retrieval by its owner."
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95	95	SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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97	97	SECTION 4. 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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99	99	SECTION 5. This Act shall take effect upon its approval.
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103	103	INTRODUCED BY: _____________________________
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113	113	Report Title: Safe Entryways; Prohibition Against Residing Description: Prohibit individuals from residing in a doorway or surrounding area of certain places. Gives county police departments primary authority to enforce the prohibition. 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	Safe Entryways; Prohibition Against Residing
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125	125	Description:
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127	127	Prohibit individuals from residing in a doorway or surrounding area of certain places. Gives county police departments primary authority to enforce the prohibition.
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135	135	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.