RELATING TO PUBLIC SAFETY.

HB270

HOUSE OF REPRESENTATIVES

H.B. NO.

270

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO PUBLIC SAFETY
.

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
the public has a right
to freely enjoy and utilize public spaces.
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Urinating and defecating in public places create
health hazards that stem
from human waste.
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These health hazards
include risk of Hepatitis A, E. Coli, and other infections.
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Such concerns associated with public
urination and defecation discourage people from patronizing establishments.
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The purpose of this Act is to protect the
general public from unnecessary health hazards by prohibiting public urination
or defecation.

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SECTION 2.
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Chapter 711, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�711-
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Urinating
or defecating in public.
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(1)
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A person commits the offense of urinating or
defecating in public if the person intentionally or knowingly urinates or
defecates in a public place or any area where such an act is likely to be
observed by any member of the public.

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(2)
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As used in this section, "public
place" means any publicly-owned or privately-owned property open for
public use or to which the public is invited for entertainment or business
purposes and includes but is not limited to any street, sidewalk, driveway,
alley, doorway, park, playground, plaza, mall, building, parking lot, parking
garage, and public transportation.

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(3)
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This section shall not apply in cases where a
person failed to use a restroom or other toilet facility because of a medical
condition verified by a licensed physician.

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(4)
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This section shall not apply to a person
urinating or defecating while using appropriate fixtures in any restroom or
other toilet facility designed for the sanitary disposal of human waste.

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(5)
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Urinating or defecating in public is a
misdemeanor punishable as follows:

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(a)
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For a first
offense, by:

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(i)
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A
fine of no less than $500 and no more than $1,000; or

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(ii)
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Forty-eight
hours of community service work;

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(b)
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For a second
offense, by:

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(i)
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A
fine of no less than $750 and no more than $1,500; or

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(ii)
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No
less than seventy-two hours of community service work; and

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(c)
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For a third or
subsequent offense, by:

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(i)
�
A
fine of no less than $1,000 and no more than $2,000; or

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(ii)
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No
less than one hundred twenty hours of community service work.

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(6)
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After the arrest of a person in violation of
this section, who has identified themselves as experiencing homelessness, the
arresting officer shall contact the department of health's Hawai'i CARES 988 to
have a social worker or psychiatrist assigned to the arrestee.
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The assigned worker shall conduct a mandatory
mental health screening for the arrestee and provide supportive services as
needed.
"

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SECTION 3.
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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 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Public
Urination; Public Defecation; Public Safety; Public Order

Description:

Creates
the offense of urinating or defecating in public.
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Provides penalties for public urination or
defecation.
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Requires
mental health evaluation and supportive services for a person experiencing
homelessness who is arrested for
urinating or defecating in public
places.

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