RELATING TO PUBLIC ORDER.

HB261

HOUSE OF REPRESENTATIVES

H.B. NO.

261

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.
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The legislature finds that Hawaii has long
been a leader among states in the development of progressive and innovative
undertakings on behalf of its neediest residents.
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Securing the well�being of all the State�s
citizens and residents continues to be a policy objective deserving of the
highest priority.
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As a growing share of
the State�s resources are committed to programs and services to assist those in
greatest need, the State also has both the obligation and the opportunity to
ensure that government resources are used prudently, in a cost�effective
manner, for the benefit of all residents.
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This can be accomplished through new and
innovative solutions.
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One such solution
is legislation that secures public places for use by all of Hawaii�s residents
and ensures that the individuals experiencing homeless who loiter on public
property are referred for appropriate services.

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The purpose of this Act is to
provide law enforcement with the tools necessary to limit habitation of public
places by individuals experiencing homeless.

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SECTION 2.
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Chapter 711, Hawaii Revised Statutes, is

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amended by
adding a new section to be appropriately designated and to read as follows:

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711-
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Loitering on public property
.

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(1)
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A person commits the offense of loitering on
public property if that person remains within a five hundred square yard area
on any public property for more than two hours between 9:00 p.m. and 5:00 a.m.

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(2)
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Any person who commits the offense of
loitering on public property shall be guilty of a petty misdemeanor; provided
that, if the court determines that the person did not commit any other crime
while committing the loitering offense, the case shall be expedited, and the
person shall be placed under supervision of the case management system.

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(3)
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For the purpose of this section, �public
property� has the same meaning as in section 101�51.
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SECTION 3.
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Section 708�813, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

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708-813 Criminal trespass in the first degree.
(1) A
person commits the offense of criminal trespass in the first degree if:

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(a) That person knowingly enters or
remains unlawfully:

(i)

In
a dwelling; or

(ii)
In or upon the premises of a hotel or apartment building;

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(b) That person:

(i)
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Knowingly
enters or remains unlawfully in or upon premises that are fenced or enclosed in
a manner designed to exclude intruders; and

(ii)

Is
in possession of a firearm, as defined in section 134�1, at the time of the
intrusion; [
or
]

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(c) That person enters or remains
unlawfully in or upon the premises of any public school as defined in section
302A�1O1, or any private school, after reasonable warning or request to leave
by school authorities or a police officer; provided however, such warning or
request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.[
.
]
;
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(d)
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That person enters or remains unlawfully in or
upon public property, as defined in section 101�51, after reasonable warning or
request to leave by a police officer; or

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(e)
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That persons enters or remains unlawfully in
or upon public property, as defined in section 101-51, after three convictions
of petty misdemeanor loitering.
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SECTION 4.
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Chapter 601, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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601-
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Homeless case management special fund.

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(a)
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There is established within the state treasury
the homeless case management special fund, to be administered and expended by
the judiciary.

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(b)
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The proceeds of the fund shall be reserved for
use by the judiciary for the homeless case management program, including
purchases of service pursuant to chapter lO3F, in support of the program.
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The fund shall be kept separate from all other
funds in the treasury.

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(c)
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The fund shall consist of appropriations from
the legislature, or as otherwise provided by law, interest and investment
earnings, grants, donations, and contributions from private or public sources.
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All realizations of the fund shall be subject
to the conditions specified in subsection (b).

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(d)
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The judiciary shall submit an annual report to
the legislature, no later than twenty days prior to the convening of each
regular session, providing an accounting of the receipts of and expenditures
from the homeless case management special fund.
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SECTION 5.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $
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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 be
deposited into the homeless case management special fund.

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SECTION 6.
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There is appropriated out of the homeless case
management special fund the sum of $
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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 operate the homeless case management program.

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The sums appropriated shall be
expended by the judiciary for the purposes of this Act.

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SECTION 7.
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Statutory material to be repealed is bracketed
and stricken. New statutory material is underscored.

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SECTION 8.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Loitering;
Public Property; Homelessness; Program; Appropriation

Description:

Establishes
the offense of loitering on public property and adds trespassing on public
property to the offense of criminal trespass in the first degree.
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Establishes the homeless case management
program and special fund, administered by the judiciary for the benefit of persons
experiencing homelessness.

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