RELATING TO PUBLIC ORDER.

HB1486

HOUSE OF REPRESENTATIVES

H.B. NO.

1486

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to public order
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The legislature finds that Hawaii's homeless
issues have reached a critical level, often making it dangerous for everyday
citizens to go about their business.
�
One
particular issue involves homeless individuals occupying an entire bus stop as
they are using the area as a place of residence.
�
In some cases, entire bus stops are enveloped
with personal property, displacing riders as they wait for their bus, including
kupuna who are forced to remain standing and fully exposed to the elements while
they wait.
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The legislature further finds
that using bus stops as storage for personal property can make it dangerous for
individuals disembarking from the bus, particularly those with mobility issues.

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The legislature believes that bus stops
must remain clear in order to maintain the safety for all involved.

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Accordingly, t
he purpose of this Act
is to:

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(1)
�
Make
it a disorderly conduct offense to remain or loiter within twenty feet of a bus
stop with no intent to utilize any bus service;

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(2)
�
Authorize
law enforcement officers to:

���������
(A)
�
Immediately remove any person committing a
disorderly conduct offense of remaining or loitering within twenty feet of a
bus stop with no intent to utilize any bus service; and

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(B)
�
Confiscate any of their personal property;

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(3)
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Authorize law enforcement officers to
determine if the confiscated property is to be saved or discarded; and

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(4)
�
Appropriate funds.

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SECTION
2
.
�
Section
711-1101, Hawaii Revised Statutes, is amended to read as follows:

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"
�711-1101
�
Disorderly conduct.
�
(1)
�
A
person commits the offense of disorderly conduct if, with intent to
alarm or

cause physical inconvenience [
or alarm by
] a member or members of the
public, or recklessly creating a risk thereof, the person:

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(a)
�
Engages in
fighting or threatening, or in violent or tumultuous behavior;

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(b)
�
Makes unreasonable
noise;

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(c)
�
Subjects another
person to offensively coarse behavior or abusive language which is likely to
provoke a violent response;

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(d)
�
Creates a
hazardous or physically offensive condition by any act which is not performed
under any authorized license or permit; [
or
]

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(e)
�
Impedes or
obstructs, for the purpose of begging or soliciting alms, any person in any
public place or in any place open to the public[
.
]
; or

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(f)
�
Remains or
loiters within twenty feet of a bus stop with no intent to utilize any bus
service.

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(2)
�

Noise is unreasonable, within the meaning of subsection (1)(b), if
considering the nature and purpose of the person's conduct and the
circumstances known to the person, including the nature of the location and the
time of the day or night, the person's conduct involves a gross deviation from
the standard of conduct that a law-abiding citizen would follow in the same
situation; or the failure to heed the admonition of a police officer that the
noise is unreasonable and should be stopped or reduced.

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The renter, resident, or
owner-occupant of the premises who knowingly or negligently consents to
unreasonable noise on the premises shall be guilty of a noise violation.

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(3)
�

A law enforcement officer may immediately remove a person committing the
offense of disorderly conduct pursuant to subsection (1)(f) with no prior
notice necessary and confiscate any and all personal property of the
person.
�
A law enforcement may determine
if the items confiscated pursuant to this subsection are to be saved or
discarded.

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[
(3)
]
(4)
�
Disorderly conduct is a petty misdemeanor if
it is the defendant's intention to cause substantial harm or serious
inconvenience, or if the defendant persists in disorderly conduct after
reasonable warning or request to desist.
�

Otherwise disorderly conduct is a violation."

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SECTION
3.
�
There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to enforce this Act,
to be allocated as follows:

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(1)
�
$
to the city and county of Honolulu;

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(2)
�
$
to the county of Hawaii;

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(3)
�
$
to the county of Maui; and

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(4)
�
$
to the county of Kauai.

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The sums

appropriated shall be expended by each
county for the purposes of this Act.

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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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SECTION
5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 6.
�
This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Bus Stop;
Loitering; Disorderly Conduct; Law Enforcement; Appropriation

Description:

Makes it
a disorderly conduct offense to remain or loiter within twenty feet of a bus
stop with no intent to utilize any bus service.
�

Authorizes law enforcement officers to immediately remove any person
committing a disorderly conduct offense of remaining or loitering within twenty
feet of a bus stop with no intent to utilize any bus service and confiscate any
of their personal property.
�
Authorizes
law enforcement officers to determine if the confiscated property is to be
saved or discarded.
�
Appropriates funds.

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