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HB538
HOUSE OF REPRESENTATIVES
H.B. NO.
538
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to safe entryways
.
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 according
to the 2024 Point in Time survey, the number of homeless individuals in Hawaii
living on the streets has nearly doubled during the last decade.
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Although many residents may not directly see
or feel the change in their everyday lives, many other residents must deal with
daily encounters when leaving or returning to their homes, places of work, or
while running errands.
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Many homeless individuals
live on public sidewalks, often directly in front of places of residence or
business.
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In order to ensure the safety
of all involved, it is important that the doorways of residences or businesses not
be blocked by individuals or their personal property.
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Therefore,
the purpose of this Act is to:
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(1)
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Prohibit individuals from residing in a
doorway or surrounding area of a protected location; and
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(2)
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Give county police departments primary
authority to enforce the prohibition.
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SECTION
2.
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Chapter 708, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
"
Part .
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�708-A
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Definitions.
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As used in this part:
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"Doorway
or surrounding area
"
means:
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(1)
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A
doorway; or
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(2)
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An
area within twenty feet of a doorway,
that
serves as an entrance or exit of a protected location and that is immediately
adjacent to or within ten feet of a public sidewalk.
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"Order
to vacate" means an order issued by a law enforcement agency to vacate a doorway
or surrounding area of a protected location.
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"Protected
location" includes a residence, business, educational institution, religious
institution, or community center.
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�708-B
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Residence; prohibited.
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Unless otherwise permitted by law, including
section 708-C, no individual shall reside in a doorway or surrounding area of a
protected location.
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�708-C
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Applicability.
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This part shall not be construed to
apply to:
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(1)
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A lawful owner or renter of real property
within twenty feet
of a doorway or surrounding area of a protected location
;
or
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(2)
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Any other individual who lawfully occupies real
property
within twenty feet of a
doorway or surrounding area of a protected location
.
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�708-D
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Enforcement.
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(a)
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The county police departments shall have primary authority to enforce
this part.
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(b)
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In enforcing this part, the county police
departments shall:
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(1)
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Not be required to provide any advance notice
prior to issuing an order to vacate;
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(2)
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Issue oral orders to vacate;
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(3)
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Allow individuals up to thirty minutes to
remove any personal property; and
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(4)
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Immediately remove and dispose of any personal
property if the owner of the property is not present or available at the time
an order to vacate is issued; provided that any property removed shall not be
held for future retrieval by its owner."
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SECTION 3.
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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 4.
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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 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Safe
Entryways; Prohibition Against Residing
Description:
Prohibit
individuals from residing in a doorway or surrounding area of certain
places.
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Gives county police departments
primary authority to enforce the prohibition.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.