Read the full stored bill text
HB892
HOUSE OF REPRESENTATIVES
H.B. NO.
892
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO GEOGRAPHICAL RESTRICTIONS
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The legislature finds that in criminal law, a
geographical restriction imposed upon an individual found guilty of a crime is
ordinarily limited to specific individuals or property to deter future crime.
�
For decades, geographical restrictions have
been imposed upon defendants in Hawaii courts under the Weed and Seed program,
and most recently under the Safe and Sound Waikiki program managed by the
city and county of Honolulu office of the prosecuting
attorney
in association with the Honolulu police department and nongovernmental
organizations.
�
These programs have been imposing
geographical restrictions on habitual crime offenders to deter criminal
activities in the designated area.
����
Recently,
the city and county of Honolulu office of the prosecuting attorney began
implementing the Safe and Sound program beyond the boundaries of the Waikiki
business district.
�
Safe and Sound
Westside prohibits defendants from entering or remaining, except for legitimate
reasons with prior approval of the court, in a large portion of Oahu, bounded
by and including the following streets or landmarks:
�
the shoreline from Kahe Point Beach Park until
Kaena Point State Park, and one mile mauka of the shoreline.
����
The
legislature further finds that geographical restrictions have not been
addressed by the Hawaii supreme court, and their legality has not been tested
against established principles under the federal and state constitutions,
including the right to freedom of movement, the right to equal protection of
laws, and the traditional and customary right of access under the Hawaii State Constitution
and state law.
����
The prohibitions
imposed under the Safe and Sound Westside program have resulted in numerous individuals
being unable to work, live, commune with family, seek medical care, or practice
cultural rights in a significant portion of the island of Oahu.
�
In consideration of the legal issues
associated with geographical restrictions, the legislature must act to
establish reasonable limits.
����
Accordingly,
the purpose of this Act is to establish limitations on geographical restrictions
provided as a condition of probation.
����
SECTION 2.
�
Chapter 706, Hawaii Revised Statutes, is
amended by adding a new section to part II to be appropriately designated and
to read as follows:
����
"
�706-
�
Geographical
restrictions; limitations.
�
Except as otherwise provided by law, any
geographical restriction provided as a condition of probation shall:
����
(1)
�
Be limited to
an area that is no larger than acres;
����
(2)
�
Be narrowly
tailored to the defendant's criminal conviction; and
����
(3)
�
Not be imposed upon
areas of land or access to sea, the right to which is protected by law.
"
����
SECTION
3.
�
New statutory material is underscored.
����
SECTION 4.
�
This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Penal
Code; Probation; Geographical Restrictions; Limitations
Description:
Establishes
limitations on geographical restrictions provided as a condition of probation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.