HB 825: RELATING TO NUISANCE ABATEMENT.

A BILL FOR AN ACT

relating to nuisance abatement.

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

     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.  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.  Additionally, the financial penalties imposed on property owners who allow illegal gambling on the owner's property are minimal and discretionary, providing little deterrence.

     Accordingly, the purpose of this Act is to:

     (1)  Offer rights and protections to citizens who bring civil nuisance abatement suits related to illegal gambling; and

     (2)  Impose a mandatory fine of $5,0000 for violating nuisance abatement laws related to gambling offenses.

     SECTION 2.  Section 712-1270.3, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1270.3  Citizen's rights.  Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:

     (1)  Fireworks related offenses contained in section 132D‑14(a)(1) or (3); [or]

     (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

     (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."

     SECTION 3.  Section 712-1275, Hawaii Revised Statutes, is amended to read as follows:

     "§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.

     (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.

     (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.

     [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.

     (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."

     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 upon its approval.

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.