HB 1486: RELATING TO PUBLIC ORDER.

A BILL FOR AN ACT

RELATING TO PUBLIC ORDER.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Hawaii's homeless issues have reached a critical level, often making it dangerous for everyday citizens to go about their business.  One particular issue involves homeless individuals occupying an entire bus stop as they are using the area as a place of residence.  In some cases, entire bus stops are enveloped with personal property, displacing riders as they wait for their bus, including kupuna who are forced to remain standing and fully exposed to the elements while they wait.  The legislature further finds that using bus stops as storage for personal property can make it dangerous for individuals disembarking from the bus, particularly those with mobility issues.  The legislature believes that bus stops must remain clear in order to maintain the safety for all involved.

     Accordingly, the purpose of this Act is to:

     (1)  Make it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service;

     (2)  Authorize law enforcement officers to:

          (A)  Immediately remove any person committing a disorderly conduct offense of remaining or loitering within twenty feet of a bus stop with no intent to utilize any bus service; and

          (B)  Confiscate any of their personal property;

     (3)  Authorize law enforcement officers to determine if the confiscated property is to be saved or discarded; and

     (4)  Appropriate funds.

     SECTION 2.  Section 711-1101, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1101  Disorderly conduct.  (1)  A person commits the offense of disorderly conduct if, with intent to alarm or cause physical inconvenience [or alarm by] a member or members of the public, or recklessly creating a risk thereof, the person:

     (a)  Engages in fighting or threatening, or in violent or tumultuous behavior;

     (b)  Makes unreasonable noise;

     (c)  Subjects another person to offensively coarse behavior or abusive language [which] that is likely to provoke a violent response;

     (d)  Creates a hazardous or physically offensive condition by any act [which] that is not performed under any authorized license or permit; [or]

     (e)  Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public[.]; or

     (f)  Remains or loiters within twenty feet of a bus stop with no intent to utilize any bus service.

     (2)  Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.

     The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.

     (3)  A law enforcement officer may immediately remove a person committing the offense of disorderly conduct pursuant to subsection (1)(f) with no prior notice necessary and confiscate any and all personal property of the person.  A law enforcement may determine if the items confiscated pursuant to this subsection are to be saved or discarded.

     [(3)] (4)  Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist.  Otherwise disorderly conduct is a violation."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to enforce this Act, to be allocated as follows:

     (1)  $           to the city and county of Honolulu;

     (2)  $           to the county of Hawaii;

     (3)  $           to the county of Maui; and

     (4)  $           to the county of Kauai.

     The sums appropriated shall be expended by each county for the purposes of this Act.

     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.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Bus Stops; Loitering; Disorderly Conduct; Law Enforcement; Confiscated Property; Appropriation

Description:

Makes it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service.  Authorizes law enforcement officers to immediately remove any person committing a disorderly conduct offense of remaining or loitering within twenty feet of a bus stop with no intent to utilize any bus service and confiscate any of their personal property.  Authorizes law enforcement officers to determine if the confiscated property is to be saved or discarded.  Appropriates funds.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to public order.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Hawaii's homeless issues have reached a critical level, often making it dangerous for everyday citizens to go about their business.  One particular issue involves homeless individuals occupying an entire bus stop as they are using the area as a place of residence.  In some cases, entire bus stops are enveloped with personal property, displacing riders as they wait for their bus, including kupuna who are forced to remain standing and fully exposed to the elements while they wait.  The legislature further finds that using bus stops as storage for personal property can make it dangerous for individuals disembarking from the bus, particularly those with mobility issues.  The legislature believes that bus stops must remain clear in order to maintain the safety for all involved.

     Accordingly, the purpose of this Act is to:

     (1)  Make it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service;

     (2)  Authorize law enforcement officers to:

          (A)  Immediately remove any person committing a disorderly conduct offense of remaining or loitering within twenty feet of a bus stop with no intent to utilize any bus service; and

          (B)  Confiscate any of their personal property;

     (3)  Authorize law enforcement officers to determine if the confiscated property is to be saved or discarded; and

     (4)  Appropriate funds.

     SECTION 2.  Section 711-1101, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1101  Disorderly conduct.  (1)  A person commits the offense of disorderly conduct if, with intent to alarm or cause physical inconvenience [or alarm by] a member or members of the public, or recklessly creating a risk thereof, the person:

     (a)  Engages in fighting or threatening, or in violent or tumultuous behavior;

     (b)  Makes unreasonable noise;

     (c)  Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response;

     (d)  Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; [or]

     (e)  Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public[.]; or

     (f)  Remains or loiters within twenty feet of a bus stop with no intent to utilize any bus service.

     (2)  Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.

     The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.

     (3)  A law enforcement officer may immediately remove a person committing the offense of disorderly conduct pursuant to subsection (1)(f) with no prior notice necessary and confiscate any and all personal property of the person.  A law enforcement may determine if the items confiscated pursuant to this subsection are to be saved or discarded.

     [(3)] (4)  Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist.  Otherwise disorderly conduct is a violation."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to enforce this Act, to be allocated as follows:

     (1)  $           to the city and county of Honolulu;

     (2)  $           to the county of Hawaii;

     (3)  $           to the county of Maui; and

     (4)  $           to the county of Kauai.

     The sums appropriated shall be expended by each county for the purposes of this Act.

     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.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025.

Report Title:

Bus Stop; Loitering; Disorderly Conduct; Law Enforcement; Appropriation

Description:

Makes it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service.  Authorizes law enforcement officers to immediately remove any person committing a disorderly conduct offense of remaining or loitering within twenty feet of a bus stop with no intent to utilize any bus service and confiscate any of their personal property.  Authorizes law enforcement officers to determine if the confiscated property is to be saved or discarded.  Appropriates funds.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  61

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1486

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1486 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC ORDER,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Make it a disorderly conduct offense to remain or loiter within twenty feet of a bus stop with no intent to utilize any bus service;

     (2)  Authorize law enforcement officers to immediately remove any person committing the offense, including confiscating any of their personal property and determining if the confiscated property is to be saved or discarded; and

     (3)  Appropriate funds to the counties for enforcement.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the City and County of Honolulu; Honolulu Police Department; and five individuals.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual.

     Your Committee finds that Hawaii's homelessness crisis has reached a critical point, creating safety concerns for the general public.  A growing issue is the use of bus stops as makeshift residences, where individuals occupy entire shelters and store personal belongings, leaving little to no space for riders.  This not only displaces commuters, especially kupuna and those with mobility issues, but also poses hazards for those boarding or exiting buses.  To ensure public safety and accessibility, this measure seeks to prohibit loitering near bus stops without intent to use transit, empower law enforcement to address obstructions, and provide necessary funding to enforce these measures.

     Your Committee notes the concerns regarding the constitutionality of certain provisions in this measure and requests the Department of the Attorney General to examine this issue further should your Committee on Judiciary & Hawaiian Affairs choose to deliberate on this measure.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1486, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1486, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,