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HB825
HOUSE OF REPRESENTATIVES
H.B. NO.
825
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.
�
The
legislature finds that the State's nuisance abatement laws have been used to
hold property owners responsible for knowingly allowing criminal activities to
occur on the owner's property.
�
The laws
also protect citizens who bring civil nuisance abatement suits for certain
criminal offenses.
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However, the rights
and protections offered to citizens who bring suits for fireworks-related
offenses or drug offenses are not offered to citizens who bring suits related
to illegal gambling.
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Additionally, the
financial penalties imposed on property owners who allow illegal gambling on
the owner's property are minimal and discretionary, providing little deterrence.
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Accordingly, the purpose of this Act is to:
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(1)
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Offer rights and protections to citizens
who bring civil nuisance abatement suits related to illegal gambling; and
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(2)
�
Impose a mandatory fine of $5,0000 for
violating nuisance abatement laws related to gambling offenses.
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SECTION
2
.
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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)
�
Fireworks related offenses contained in
section 132D‑14(a)(1) or (3); [
or
]
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(2)
�
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)
�
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
3
.
�
Section
712-1275, Hawaii Revised Statutes, is amended to read as follows:
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"
�712-1275
�
Order
of abatement.
�
(1)
�
If the existence of a nuisance is established
in a suit as provided herein, an order of abatement shall be entered as a part
of the judgment in the case, which order shall include a provision permanently
prohibiting the person or persons causing, maintaining, aiding, abetting, or
permitting the nuisance, if said person or persons are a party to the
proceeding, from residing in or entering into the building, premises, or place
in or upon which the nuisance exists.
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(2)
�
Upon the entry of an order of abatement, the
court shall impose a mandatory fine of $5,000 against any person to whom the
order applies.
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(3)
�
The court, on the application of the person,
may suspend the prohibition
imposed pursuant to subsection (1)
if the
person is participating in a court-approved treatment and monitoring program [
which
addresses
]
to address
the person's conduct [
which
]
that
caused the nuisance.
�
If the court
determines that the person has successfully completed the program and [
that
the person
] is not likely to again create a nuisance, the court may
dissolve the injunction against the person.
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[
In
the event that
]
(4)
�
If
the
court determines that an injunction against the person or persons causing,
maintaining, aiding, abetting, or permitting the nuisance will not completely
abate the nuisance or that one or more of the persons causing, maintaining,
aiding, abetting, or permitting the nuisance are not parties to the proceeding,
the court shall also direct the effectual closing of the building, premises, or
place, against its use for any purpose, and that it be kept closed for a period
not exceeding one year, unless sooner released, as provided by section
712-1277.
�
While the order remains in
effect as to closing, the building, premises, or place shall remain in the
custody of the court.
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(5)
�
The court's orders may also include[
, but
are not limited to,
] an order suspending or revoking any business,
professional, operational, or liquor license."
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SECTION 4.
�
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.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
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SECTION 6.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Gambling;
Nuisance Abatement; Civil Suits; Victim Protection; Penalties
Description:
Offers
rights and protections to citizens who bring civil nuisance abatement suits
related to illegal gambling.
�
Imposes a
mandatory fine of $5,0000 for violating nuisance abatement laws related to
gambling offenses.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.