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HB669
HOUSE OF REPRESENTATIVES
H.B. NO.
669
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to nuisance abatement
.
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 law enforcement
has often used nuisance abatement laws to hold owners and landlords accountable
for allowing known criminal activities to occur on their real property.
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However, the nuisance abatement law currently
does not give citizens who bring suit against a place used for illegal gambling
the same rights and protections of victims of crime, and it does not provide
the same rights and protections provided to citizens who bring suit against a
place used for fireworks related offenses or drug offenses.
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Further, the financial penalties for property
owners are minimal and discretionary, providing little incentive for property
owners to make sincere efforts to prevent illegal gambling activity on their
property.
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The purpose of this Act is to:
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(1)
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Impose a mandatory fine of $5,000 per
violation for nuisance abatement laws related to gambling offenses; and
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(2)
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Authorize citizens who bring civil nuisance
abatement suits against places used for illegal gambling the same rights and
protections as those afforded to victims and witnesses in criminal proceedings.
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SECTION 2.
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Chapter 712, Hawaii Revised Statutes, is
amended by adding a new section to part V to be appropriately designated and to
read as follows:
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"
�712-
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Fines;
gambling.
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In addition to any other penalty that may be
imposed for a violation of part III of this chapter, the court shall impose a
mandatory fine of $5,000 per violation upon any property owner found to have
violated nuisance abatement laws under part V of this chapter related to
gambling offenses.
"
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SECTION
3
.
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Section
712-1270.3, Hawaii Revised Statutes, is amended to read as follows:
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"
�712-1270.3
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Citizen's
rights.
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Any citizen who brings a
nuisance abatement suit against a place used for the purpose of committing:
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(1)
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Fireworks related
offenses contained in section 132D-14(a)(1) or (3); [
or
]
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(2)
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Drug offenses
under part IV of this chapter or who files a complaint with the local police or
drug nuisance abatement unit of the department of the attorney general[
,
]
;
or
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(3)
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Gambling
offenses under part III of this chapter,
shall be entitled to the same rights and protections
of victims and witnesses in criminal proceedings in accordance with chapter
801D."
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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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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Nuisance
Abatement; Gambling Offenses; Mandatory Fine
Description:
Requires
the court to impose a mandatory fine per violation for nuisance abatement laws
related to gambling offenses.
�
Allows
citizens who bring civil nuisance abatement suits against places used for
illegal gambling the same rights and protections as those afforded to
victims
and witnesses in criminal proceedings
.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.