RELATING TO ILLEGAL CAMPING.

HB2354

HOUSE OF REPRESENTATIVES

H.B. NO.

2354

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to ILLEGAL CAMPING
.

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

����
SECTION
1.
�
The legislature finds that
unauthorized camping and habitation on public beaches and properties adversely
affect public access, environmental quality, and the safety and well‑being
of all residents and visitors.
�
The
legislature further finds that the United States Supreme Court decision in

Grants Pass v. Johnson
, 603 U.S.__(2024), affirms the constitutionality of
city and state measures to regulate camping in public areas when shelter
options are available.

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
Enforce existing prohibitions on unlawful
camping;

����
(2)
�
Enhance enforcement mechanisms; and

����
(3)
�
Provide supportive services to individuals
experiencing homelessness.

����
SECTION
2.
�
Chapter 171, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

����
"
�171-
��

��
Homeless encampments on
public land; report.
�
The department, in coordination
with appropriate county agencies, shall:

����
(1)
�
Identify and restore vacated homeless
encampment areas on public lands in the State; and

����
(2)
�
Beginning with the 2027 regular session,
submit an annual report to the legislature no later than twenty days prior to
the convening of each regular session
, detailing:

���������
(A)
�
The parcels of public land that were
identified and restored during the reporting year; and

���������
(B)
�
The appropriation amount expended for
restorations pursuant to this section.
"

����
SECTION
3
.
�
Section 708-814.5, Hawaii Revised Statutes,
is amended to read as follows:

����
"
[
[
]�708-814.5[
]
]
�
Criminal trespass onto public parks and
recreational grounds.
�
(1)
�
A person commits the offense of criminal
trespass onto public parks and recreational grounds if the person remains
unlawfully in or upon a public park or recreational ground after a request to
leave is made by any law enforcement officer, when the request is based upon
violation by the person of any term of use specified on a sign or notice posted
on the property, or based on violation of any term of use contained in, or the
expiration of, any permit relating to the person's presence on the property.

����
(2)
�
For the purposes of this section, unless the
context requires otherwise:

����
"Law
enforcement officer" has the same meaning as in section 710-1000.

����
"Public
park or recreational ground" means any park, park roadway, playground,
athletic field, beach, shore, beach or shore right-of-way, tennis court, golf
course, swimming pool, or other recreational area or facility under control,
maintenance, and management of the State or any of the counties.

����
(3)
�
Criminal trespass onto public parks and
recreational grounds is a petty misdemeanor[
.
]
punishable by a fine
of not less than:

����
(a)
�
$100 for a first offense;

����
(b)
�
$200 for a second offense; and

����
(c)
�
$400 or imprisonment for not less than
thirty days, or both, for a third or subsequent offense.

����
(4)
�
Abandoned or unattended personal property of
any person unlawfully left in or upon a public park or recreational ground may
be seized and disposed of as provided by law; provided that articles or
instruments posing immediate health or safety risks shall be seized and
immediately disposed of.
"

����
SECTION
4.
�
(a)
�

The department of human services shall establish a homeless outreach and
case management program to:

����
(1)
�
Provide transportation to designated shelters;
and

����
(2)
�
Offer referrals for medical, mental health,
and substance abuse services.

����
(b)
�
The department shall collaborate with
nonprofit organizations and other agencies to ensure designated shelter options
are available.

����
(c)
�
For the purposes of this section,
"designated shelter" means a facility providing temporary housing and
essential services.

����
SECTION
5.
�
(a)
�

Nothing in this Act shall be interpreted to contravene the individual
rights of any person under the United States and Hawaii state constitutions.

����
(b)
�
All enforcement actions pursuant to this Act
shall ensure compliance with the United States Supreme Court decision in
Grants
Pass v. Johnson
, 603 U.S._(2024).

����
SECTION
6.
�
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 2026-2027 for the purposes of this Act; provided that
of the sums appropriated:

����
(1)
�
$
�����������

or so much thereof as may be necessary shall be appropriated to the
department of human services; and

����
(2)
�
$
�����������

or so much thereof as may be necessary shall be appropriated to the
department of land and natural resources;

pursuant to sections 2, 3, and 4 of this Act.

����
The sums

appropriated shall be expended by the
department of human services and department of land and natural resources for
the purposes of this Act.

����
SECTION
7.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION
8.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
9.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 10.
�
This Act shall take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

DHS;
DLNR; Illegal Camping; Homelessness; Encampments; Beaches; Parks; Recreational
Areas; Public Property; Report; Appropriation

Description:

Clarifies
petty misdemeanor penalties for the offense of criminal trespass onto public
parks and recreational grounds.
�
Provides
for seizure of abandoned or unattended personal property.
�
Requires the Department of Human Services to
establish
a homeless outreach and case management program.
�
Requires the Department of Land and Natural
Resources to identify and restore vacated homeless encampment areas in the
State and report to the Legislature.
�

Appropriates moneys.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.