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HB1690
HOUSE OF REPRESENTATIVES
H.B. NO.
1690
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO MINORS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION
1
.
�
Section 577-16, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�577-16
�
Curfew; children in public [
streets
], prohibited when; penalty.
�
Any child under [
sixteen
]
eighteen
years of age[
,
] who[
, except in case of necessity, or except when
permitted so to do in writing by a judge of the family
court
,
] goes or remains on any public street, highway, public place, or
private place held open to the public [
after ten o'clock in the evening and
before four o'clock in the morning, unaccompanied by either a parent or
guardian, or an adult person duly authorized by a parent or guardian to
accompany the child, is
]
between the hours of 10:00 p.m. and 4:00 a.m. shall
be
subject to adjudication under section 571-11(2)[
.
]
, unless the
child is:
����
(1)
�
Accompanied by a parent or guardian,
or an adult person duly authorized by a parent or guardian to accompany the
child;
����
(2)
�
Acting out of necessity;
����
(3)
�
Permitted in writing by a judge of
the family court; or
����
(4)
�
B
etween the
ages of sixteen and eighteen and is:
���������
(A)
�
Involved in an emergency;
���������
(B)
�
Lawfully engaged in an
employment-related activity, or going to or returning home from the place of
employment or the location of the employment-related activity, without any
detour or stop; or
���������
(C)
�
Engaged in a school-related activity
or a department of education
�
related activity, or going
to or returning home from the location of the school-related activity or
department of education
�
related activity, without
any detour or stop.
"
����
SECTION
2
.
�
Section
577-16.5, Hawaii Revised Statutes, is amended to read as follows:
����
"
[
[
]�577-16.5[
]
]
�
Sentencing
for the violation of curfew.
�
(a)
�
Any child found in violation of section
577-16 shall be guilty of a misdemeanor and sentenced as follows:
����
(1)
�
For a first or second violation, or
any violation not preceded by two or more violations within one year, the court
shall impose on any parent or guardian having the care, custody, and control of
the child, who knowingly and voluntarily suffers or permits the child to go or
remain on any public street, highway, public place, or private place held open
to the public between the hours of 10:00 p.m. and 4:00 a.m., in violation of
section 577-16, a fine of no more than $100 or imprisonment of no more than
twenty days; and
����
(2)
�
For a third or subsequent violation
that occurs within one year of two or more prior violations, the court shall
impose the following:
���������
(A)
�
Imprisonment of the child for no
more than one year; and
���������
(B)
�
A fine of no more than $2,000 on any
parent or guardian having the care, custody, and control of the child, who
knowingly and voluntarily suffers or permits the child to go or remain on any
public street, highway, public place, or private place held open to the public
between the hours of 10:00 p.m. and 4:00 a.m., in violation of section 577-16.
����
(b)
�
In addition to any other penalties
established by law, rule, or ordinance in the State, any child found in
violation of section 577-16 and their parents or guardians may be required to
participate in [
such
] counseling[
,
] as the court deems [
to be
]
appropriate in each case."
����
SECTION
3
.
�
Section 577-19,
Hawaii Revised Statutes, is amended to read as follows:
����
"
�577-19
�
Children prohibited in certain places, when; penalty.
�
Any keeper of a coffee shop, ice cream
parlor, victualing or billiard saloon, bowling alley, skating rink, theater,
show house, or premises in which any show, moving picture, or other like public
entertainment is given, who permits any child under the age of [
sixteen
]
eighteen
years to be or remain upon the premises or in the
shop,
parlor,
saloon,
alley,
rink, theater, show house, or premises, or in
whose premises [
such
]
the
child may be found between the hours of
[
ten in the evening
]
10:00 p.m.
and [
six in the morning,
]
6:00
a.m.,
unless the child is accompanied by the child's parent or guardian, or
[
some other
]
an
adult person [
thereto
]
duly
authorized by [
such
]
the child's
parent or guardian, shall be
fined [
not
]
no
more than $100."
����
SECTION
4
.
�
Section 577-21,
Hawaii Revised Statutes, is amended to read as follows:
����
"
�577-21
�
[
Curfew
]
County curfew
ordinances[
, effect
].
�
[
Each of the counties may enact and
enforce
]
Nothing in this chapter shall prohibit a county from enacting
ordinances
that are more stringent in
regulating the presence of
children in public places and on public streets and roads during certain hours
at night.
����
[
Upon
each of the counties enacting an ordinance pertaining to curfew for children,
then so far as that county is concerned, the ordinance shall have full force
and effect, and shall supersede sections 577-16, 577-18, 577-19 and 577-20
until the ordinance is repealed or otherwise made invalid.
]"
����
SECTION
5
.
�
Section 577-18,
Hawaii Revised Statutes, is repealed.
����
["
�577-18
�
Parents allowing children in street, prohibited when; penalty.
�
Any parent or guardian having the care,
custody, and control of a child under sixteen years of age, who, except in case
of necessity, knowingly, and voluntarily suffers or permits such child to go or
remain on any public street, highway or public place after ten o'clock in the
evening and before four o'clock in the morning, unaccompanied by an adult
person thereto authorized by such parent or guardian, shall be fined not more
than $100 or imprisoned not more than twenty days.
"]
����
SECTION 6.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
����
SECTION 7.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 8.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Minors;
Curfew; County Ordinances
Description:
Expands
the statewide curfew to apply to minors under 18 years of age, instead of under
16.
�
Amends the exceptions to, and
penalties for, violations of the statewide curfew.
�
Restricts a county's authority to enact
curfew ordinances to only those ordinances that are more stringent than the
statewide curfew.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.