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SB2124
THE SENATE
S.B. NO.
2124
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO ARSON
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section 706-606.2, Hawaii Revised Statutes,
is amended to read as follows:
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"
�706-606.2
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Special
sentencing considerations for arson; other actions not prohibited.
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(1)
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Notwithstanding
sections 706-605 and 706-641, the court shall sentence a person convicted of
arson in the first, second, third, or fourth degree to a mandatory term of
imprisonment as authorized by part IV and to pay a fine in the maximum amount authorized
under section 706‑640.
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(2)
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In addition to
any other penalty imposed, a person convicted of arson involving fire set to
brush, grass, vegetation on the land resulting in damage to ten thousand square
feet or more of property, may be required to:
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(a)
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Pay
any costs associated with extinguishing the fire, which shall include, but are
not limited to:
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(i)
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Personnel salary, benefits, and overtime;
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(ii)
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The operation, maintenance, and repair of apparatus, aircraft, and
equipment;
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(iii)
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Supplies expended, damaged, or lost; and
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(iv)
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Rehabilitation
supplies during firefighting operations; and
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(b)
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Perform
community service work in the region in which the property damage occurred.
With regard to any fine or
monetary penalty that may be imposed on a minor convicted or adjudicated for an
offense of arson, the parents or legal guardians of the minor shall be liable
for the percentage of costs associated with extinguishing the fire based upon
the apportionment of fire damage to real or personal property caused by the
minor as a result of committing the offense of arson, regardless of whether the
property is publicly or privately owned.
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[
(2)
]
(3)
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Nothing
in this section shall prohibit a separate criminal action being brought by the
State or a civil action being brought by the State or a third party for conduct
that constitutes an offense of arson.
"
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SECTION 2.
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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 3.
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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 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Penal
Code; Sentencing; Arson; Mandatory Imprisonment; Maximum Fine
Description:
Requires that
defendants convicted of arson offenses be sentenced to mandatory imprisonment
and a maximum fine.
The summary description
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not legislation or evidence of legislative intent.