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HB224
HOUSE OF REPRESENTATIVES
H.B. NO.
224
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Property Rights
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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Chapter 803, Hawaii Revised Statutes,
is amended by amending its title to read as follows:
"
CHAPTER
803
ARRESTS,
SEARCH WARRANTS
, REMOVALS
"
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SECTION
2.
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Chapter 803, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
"
Part
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.
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rEMOVALS
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803-A
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Removal by law enforcement; trespass.
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Pursuant to section 708-813, an owner of a dwelling
or premises being trespassed upon, or the owner's agent, may request from state
or county law enforcement the immediate removal of a person or persons
unlawfully occupying or remaining in or upon the dwelling or premises; provided
that the following conditions are met:
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(1)
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The requesting person is the owner of the
dwelling or premises, or the authorized agent of the owner;
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(2)
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The real property being trespassed upon includes
a residential dwelling;
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(3)
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An unauthorized person or persons have
unlawfully entered and remain in or upon the dwelling or premises;
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(4)
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The dwelling or premises was not open to
members of the public at the time the unauthorized person or persons entered;
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(5)
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The owner or authorized agent of the owner has
directed the unauthorized person or persons to leave the property;
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(6)
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The unauthorized person or persons are not
current or former tenants pursuant to chapter 521;
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(7)
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The unauthorized person or persons are not
immediate family members of the owner; and
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(8)
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There is no pending or ongoing litigation
related to the dwelling or premises between the owner and any known
unauthorized person.
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803-B
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Process for removal.
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(a)
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To
request the immediate removal of an unlawful occupant of a dwelling or
premises, pursuant to section 803-A, the owner or owner's authorized agent
shall submit a complaint by presenting a completed and verified complaint form
to a law enforcement officer.
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(b)
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The complaint form shall be developed and published
by the department of the attorney general, pursuant to chapter 91, and made
available online by the department of law enforcement.
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The police department in each county shall
make physical copies of the complaint form, as published and approved by the
attorney general, available at each police station within the county.
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(c)
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Upon receipt of a valid complaint form, the
law enforcement officer shall verify that the person submitting the complaint
is the owner of record of the dwelling or premises and appears otherwise
entitled to relief under this section.
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If verified, the law enforcement officer, without delay, shall serve a
notice to immediately vacate on all the unlawful occupants and shall put the
owner, or authorized agent of the owner, in possession of the dwelling or
premises.
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Service may be accomplished by
hand delivery of the notice to an occupant or by posting the notice on the
front door or entrance of the dwelling or premises.
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The law enforcement officer shall also
attempt to verify the identities of all persons occupying the dwelling and note
the identities on the return of service.
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(d)
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If appropriate, the law enforcement officer
may arrest any person found in or upon the dwelling or premises for trespass,
outstanding warrants, or any other legal cause, pursuant to part I of this
chapter.
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803-C
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Fees; request to keep the peace; liability.
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(a)
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The
law enforcement officer in receipt of a valid complaint, pursuant to section
803-B, shall be entitled to the same fee for service of the notice to
immediately vacate as if the law enforcement officer were serving a writ of
possession, pursuant to section 607-8.
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(b)
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After the law enforcement officer serves the
notice to immediately vacate, the owner or authorized agent may request that
the law enforcement officer stand by to keep the peace while the owner or authorized
agent of the owner changes the locks and removes the personal property of the
unlawful occupants from the premises to or near the property line.
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When a request to stand by is made, the law
enforcement officer may charge a reasonable hourly rate, and the person
requesting the law enforcement officer to stand by and keep the peace shall be
responsible for paying the reasonable hourly rate, as set by the department of
law enforcement or county police department.
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(c)
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The law enforcement officer shall not be
liable to the unlawful occupant or any other party for property loss,
destruction, or damage.
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The owner or authorized
agent of the owner shall not be liable to an unlawful occupant or any other
party for the loss, destruction, or damage to the personal property unless the
removal was wrongful.
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803-D
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Wrongful removal; civil cause of action.
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(a)
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An
owner or authorized agent of an owner commits the offense of perjury pursuant
to section 710-1060 if the owner or authorized agent of the owner:
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(1)
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Submits a fraudulent complaint; or
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(2)
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Knowingly includes false information in the
complaint;
resulting in the wrongful removal of a rightful
occupant, pursuant to this part.
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(b)
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A person may bring a civil cause of action
for wrongful removal pursuant to this part.
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A person harmed by a wrongful removal may be
restored to possession of the dwelling or premises and may recover actual costs
and damages incurred, statutory damages equal to triple the fair market rent of
the dwelling, court costs, and reasonable attorney fees.
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The court shall advance the cause on the
calendar.
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803-E
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Rights of owner; law enforcement authority.
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Nothing in this part shall limit the property
rights of an owner or the authority of a law enforcement officer to arrest an
unlawful occupant for trespassing, vandalism, theft, or other crimes."
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SECTION
3.
�
Chapter 663, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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"
�663-
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Liability of unlawful
occupants of a dwelling or premises; public utilities.
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(a)
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An unlawful occupant of a dwelling or
premises, pursuant to section 708-813, shall be liable in damages to the owner
of the dwelling or premises for outstanding or unpaid utility bills, fees, or
other charges incurred while the unlawful occupant was in possession or control
of the dwelling or premises.
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(b)
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Nothing in this section shall apply to tenants, pursuant to chapter 521,
or otherwise rightful occupants of a dwelling or premises according to law.
"
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SECTION
4
.
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Section 708-821, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:
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"(1)
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A person commits the offense of criminal
property damage in the second degree if by means other than fire:
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(a)
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The person intentionally or knowingly damages
the property of another, without the other's consent, by the use of widely
dangerous means;
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(b)
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The person intentionally or knowingly damages
the property of another, without the other's consent, in an amount exceeding
$1,500; [
or
]
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(c)
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The person, while unlawfully trespassing in
or upon a dwelling or premises pursuant to section 708-813, intentionally or
knowingly damages the dwelling or property therein in an amount exceeding $999;
or
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[
(c)
]
(d)
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The person intentionally or knowingly damages
the agricultural equipment, supplies, or products or aquacultural equipment,
supplies, or products of another, including trees, bushes, or any other plant
and livestock of another, without the other's consent, in an amount exceeding
$500.
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In calculating the amount of
damages to agricultural products, the amount of damages includes future losses
and the loss of future production."
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SECTION 5.
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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 6.
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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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SECTION 7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 8.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
AG; Property
Rights; Trespass; Unlawful Occupation; Dwelling; Premises; Squatters; Removal;
Law Enforcement; Property Damage; Penalties; Complaint
Description:
Establishes
a procedure for immediately removing an unlawful occupant of a dwelling or
premises with assistance from law enforcement.
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Provides that an unlawful occupant of a dwelling or premises is civilly
liable for unpaid utility bills.
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Provides
that a person who trespasses in or upon a dwelling or premises and intentionally
or knowingly damages property in an amount exceeding $999 commits a felony of
criminal property damage in the second degree.
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Requires the Department of the Attorney General to develop, publish, and
make available a complaint form to remove unlawful occupants of residential
dwellings.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.