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HB709
HOUSE OF REPRESENTATIVES
H.B. NO.
709
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to trespassing
.
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 unauthorized
occupancy and trespassing on private and public properties create significant
challenges for property owners, residents, and local communities.
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The legislature further finds that existing
remedies available to property owners regarding unauthorized persons illegally
entering or remaining on residential real property is insufficient and do not
protect the rights of the property owner.
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Accordingly, the purpose of this Act
is to establish a limited alternative process for the removal of unauthorized
persons from residential real property, thereby enhancing protections for
property owners, streamlining processes for addressing trespassing and
squatting, and ensuring fair enforcement procedures.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
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Chapter
removal of unauthorized persons from
residential real property
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Application of chapter.
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This chapter shall not limit the rights of a
property owner or limit the authority of a law enforcement officer to arrest an
unlawful occupant for trespassing, vandalism, theft, or other crimes.
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Limited alternative remedy to remove
unauthorized persons from residential real property.
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(a)
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A
property owner or authorized agent of the property owner may request a law
enforcement officer of the county in which the property is located to
immediately remove a person or persons unlawfully occupying a residential
dwelling pursuant to this section if all of the following conditions are met:
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(1)
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The requesting
person is the property owner or authorized agent of the property owner;
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(2)
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The real property
that is being occupied includes a residential dwelling;
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(3)
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An unauthorized
person or persons have unlawfully entered and remain or continue to reside on
the property owner's property;
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(4)
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The real property
was not open to members of the public at the time the unauthorized person or
persons entered;
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(5)
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The property owner
has directed the unauthorized person to leave the property;
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(6)
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The unauthorized
person or persons are not current or former tenants pursuant to a written or
oral rental agreement authorized by the property owner;
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(7)
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The unauthorized
person or persons are not immediate family members of the property owner; and
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(8)
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There is no
pending litigation related to the real property between the property owner and
any known unauthorized person.
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(b)
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To request the immediate removal of an unlawful occupant of a
residential dwelling, the property owner or authorized agent of the property
owner shall submit a complaint by presenting a completed and verified complaint
to remove persons unlawfully occupying residential real property to the
appropriate law enforcement officer of the county in which the real property is
located.
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(c)
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Upon receipt of the complaint, the law enforcement officer shall verify
that the person submitting the complaint is the record owner of the real
property or the authorized agent of the owner and appears otherwise entitled to
relief under this section.
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If verified,
the law enforcement officer shall, without delay, serve a notice to immediately
vacate on all of the unlawful occupants and shall put the owner in possession
of the real property.
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Service may be
accomplished by hand delivery of the notice to an occupant or by posting the
notice on the front door or entrance of the dwelling.
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The law enforcement officer shall also
attempt to verify the identities of all persons occupying the dwelling and note
the identities on the return of service.
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If appropriate, the law enforcement officer may arrest any person found
in the dwelling for trespass, outstanding warrants, or any other legal cause.
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(d)
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The law enforcement officer shall be entitled to the same fee for
service of the notice to immediately vacate as if the law enforcement officer
were serving a writ of possession under section 666-11.
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After the law enforcement officer serves the
notice to immediately vacate, the property owner or authorized agent of the
property owner may request that the law enforcement officer stand by to keep
the peace while the property owner or authorized agent of the property owner
changes the locks and removes the personal property of the unlawful occupants
from the premises to or near the property line.
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When such a request is made, the law enforcement officer may charge a
reasonable hourly rate, and the person requesting the law enforcement officer
to stand by and keep the peace shall be responsible for paying the reasonable
hourly rate set by the law enforcement agency of the law enforcement
officer.
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The law enforcement officer shall
not be liable to the unlawful occupant or any other party for loss, destruction,
or damage of property.
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The property
owner or the authorized agent of the owner shall not be liable to an unlawful
occupant or any other party for the loss, destruction, or damage to the
personal property unless the removal was wrongful.
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Civil cause of action for wrongful removal.
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(a)
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A
person may bring a civil cause of action for wrongful removal under this
chapter.
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(b)
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A person harmed by a wrongful removal under this chapter may be restored
to possession of the real property and may recover actual costs and damages
incurred, damages equal to triple the fair market rent of the dwelling, court
costs, and reasonable attorney fees.
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(c)
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The court shall give priority to a cause of action for wrongful
removal."
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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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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Real
Property; Unauthorized Persons; Removal
Description:
Establishes
a limited alternative process to remove unauthorized persons from residential
real property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.