SB 2128: Trespass; Hunting; Motor Vehicles; Firearms; Forfeiture; Fine

A BILL FOR AN ACT

RELATING TO TRESPASS.

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

     SECTION 1.  Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person violating section 183D-25.5, 183D-26, 183D-32, 183D-62, 183D-64, or 183D-66 shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced as follows:

     (1)  For a first conviction, by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both and all animal parts, products, or items containing prohibited animal parts or products involved in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State;

     (2)  For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State; and

     (3)  For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms, animal parts, products, or items containing prohibited animal parts or products used in the commission of the violations shall be considered contraband to be forfeited to and disposed of by the State;

provided that any violation of section 183D-26 or 183D-27 that occurs on agricultural land shall be sentenced pursuant to subsection (d)[.]; provided further that, regardless of whether the offense occurs on agricultural land, all animal parts, products, or items containing prohibited animal parts or products involved in the commission of an offense under section 183D-26 shall be considered contraband to be forfeited to and disposed of by the State; provided further that, regardless of whether the offense occurs on agricultural land, any person that uses their property, including firearms, hunting animals, or vehicles, in the commission of an offense under section 183D-26, or to facilitate or assist in the offense, shall, for a first offense, be subject to a fine of no less than $2,000 and, for a second or subsequent offense, shall have the property used in the commission, facilitation, or assistance of the offense be subject to forfeiture pursuant to chapter 712A."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Trespass; Hunting; Motor Vehicles; Firearms; Forfeiture; Fine

Description:

Provides that any person who uses their property, including firearms, hunting animals, or vehicles, to hunt on private land without the permission of the owner or occupier of the land shall be subject to a fine for a first offense and have their property be subject forfeiture to the State for a second or subsequent offense.  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 TRESPASS.

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

     SECTION 1.  Section 183D-26, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-26  Hunting on private lands prohibited.  (a)  No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife including game without first having obtained permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder.

     (b)  Any firearm or motor vehicle possessed and used in violation of subsection (a) shall be forfeited to the State pursuant to chapter 712A; provided that for a first offense, a court may reduce the penalty to a fine of not less than $2,000.

     [(b)] (c)  No prosecution shall be brought under this section, except upon the sworn complaint of the owner, occupier, or holder of the land or premises, or a duly appointed agent, or if the owner, occupier, or holder is either a corporation or a partnership, then the complaint shall be sworn to by an officer of the corporation or by one of the members of the partnership.

     (d)  For the purposes of this section:

     "Firearm" has the same meaning as defined in section 134-1.

     "Motor vehicle" has the same meaning as defined in section 286-2."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Trespass; Hunting; Motor Vehicles; Firearms; Forfeiture; Fine

Description:

Provides that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State pursuant to chapter 712A, HRS.  Authorizes a court to reduce the penalty from forfeiture to a fine of a certain amount for a first offense.  Effective 7/1/2050.  (SD2)

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 TRESPASS.

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

     SECTION 1.  Section 183D-26, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-26  Hunting on private lands prohibited.  (a)  No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife including game without first having obtained permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder.

     (b)  Any firearm or motor vehicle possessed and used in violation of subsection (a) shall be forfeited to the State pursuant to chapter 712A; provided that for a first offense, a court may reduce the penalty to a fine of not less than $750.

     [(b)] (c)  No prosecution shall be brought under this section, except upon the sworn complaint of the owner, occupier, or holder of the land or premises, or a duly appointed agent, or if the owner, occupier, or holder is either a corporation or a partnership, then the complaint shall be sworn to by an officer of the corporation or by one of the members of the partnership.

     (d)  For the purposes of this section:

     "Firearm" has the same meaning as defined in section 134-1.

     "Motor vehicle" has the same meaning as defined in section 286-2."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Trespass; Hunting; Motor Vehicles; Firearms; Forfeiture; Fine

Description:

Provides that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State pursuant to chapter 712A, HRS.  Authorizes a court to reduce the penalty from forfeiture to a fine of a certain amount for a first offense.  Effective 7/1/2050.  (SD1)

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 TRESPASS.

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

     SECTION 1.  Section 183D-26, Hawaii Revised Statutes, is amended to read as follows:

     "§183D-26  Hunting on private lands prohibited.  (a)  No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife including game without first having obtained permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder.

     (b)  Any firearm or motor vehicle possessed and used in violation of subsection (a) shall be forfeited to the State in accordance with chapter 712A.

     [(b)] (c)  No prosecution shall be brought under this section, except upon the sworn complaint of the owner, occupier, or holder of the land or premises, or a duly appointed agent, or if the owner, occupier, or holder is either a corporation or a partnership, then the complaint shall be sworn to by an officer of the corporation or by one of the members of the partnership.

     (d)  As used in this section:

     "Firearm" has the same meaning as in section 134-1.

     "Motor vehicle" has the same meaning as in section 286-1."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Trespass; Hunting; Motor Vehicles; Firearms; Forfeiture

Description:

Provides that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State in accordance with chapter 712A, HRS.

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. 3019

Honolulu, Hawaii

RE:     S.B. No. 2128

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2128, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRESPASS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Provide that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State pursuant to chapter 712A, Hawaii Revised Statutes; and

     (2)  Authorize a court to reduce the penalty from forfeiture to a fine of a certain amount for a first offense.

     Your Committee received testimony in support of this measure from Hawaii Cattlemen's Council, Inc.; Diamond B Ranch LLC; Thompson Ranch; Hawaiʻi Farm Bureau; McCandless Ranch; Parker Ranch; Ulupalakua Ranch; Triple S Livestock, LLC; and ten individuals.

     Your Committee received testimony in opposition to this measure from the Office of Hawaiian Affairs, NRA Hawaii, and eight individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Hawaii Firearms Coalition.

     Your Committee finds that hunters in the State often trespass onto ranches without the permission of the landowner, endangering the families that manage these areas, as well as the livestock.  This measure will establish substantial consequences for those who illegally hunt on private land and serve as a strong deterrent to prevent trespassing and poaching.

     Your Committee notes the concern raised by the Hawaii Cattlemen's Council, Inc. that the minimum fine for a first offense should be increased to ensure that this measure remains a strong deterrent against trespassing and poaching.

     Accordingly, your Committee has amended this measure by increasing the minimum penalty for a first offense of hunting on private lands from $750 to $2,000.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2128, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2128, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2508

Honolulu, Hawaii

RE:     S.B. No. 2128

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Water, Land, Culture and the Arts, to which was referred S.B. No. 2128 entitled:

"A BILL FOR AN ACT RELATING TO TRESPASS,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide that any firearm or motor vehicle possessed and used by a person who hunts on private land without the permission of the owner or occupier of the land shall be forfeited to the State in accordance with chapter 712A, Hawaii Revised Statutes.

     Your Committee received testimony in support of this measure from the Hawaii Cattlemen's Council, Inc.; Hawaiʻi Farm Bureau; Kapapala Ranch; and six individuals.

     Your Committee received testimony in opposition to this measure from the Hawaii Firearms Coalition and two individuals.

     Your Committee received comments on this measure from two individuals.

     Your Committee finds that unpermitted hunting and trespassing on private agricultural lands remain serious and ongoing problems for farmers and ranchers across the State.  These incidents endanger landowners, farm workers, families, and hunters themselves, and often result in damaged fences, destroyed crops, injured or killed livestock, theft, and vandalism.  To address these unsafe hunting practices, this measure strengthens deterrence by allowing for the forfeiture of firearms or motor vehicles used in illegal hunting on private land.

     Your Committee notes the concerns expressed by the Hawaii Firearms Coalition that forfeiture statutes were intended to address serious criminal activity not hunting boundary disputes.  Amendments to this measure are necessary to address this concern.

     Your Committee has amended this measure by:

     (1)  Authorizing a court to impose a penalty of forfeiture of a firearm or motor vehicle possessed, or a fine of not less than $750 for a first offense, for violations of hunting on private lands;

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Water, Land, Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2128, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2128, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Culture and the Arts,