SB 871: RELATING TO ARSON.

A BILL FOR AN ACT

RELATING TO ARSON.

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

     SECTION 1.  The legislature finds that arson provides a significant threat to the safety, property, and natural resources of the State, particularly given the increased frequency and severity of wildfires in recent years.  The devastating 2023 Maui wildfires serve as a stark reminder of the profound human, environmental, and economic toll that these incidents can inflict on our local communities.  These fires resulted in the tragic loss of life, widespread destruction of homes and businesses, and irreparable harm to Hawaiʻi's unique ecosystems and cultural heritage.

     The legislature further finds that existing statutes relating to arson are insufficient to deter individuals from engaging in behavior that endangers public safety critical resources.  Enhanced penalties, including increased minimum periods of imprisonment for repeat offenders, are necessary to address the heightened risk posed by individuals with a history of reckless or malicious actions.  Such measures will strengthen accountability and serve as a deterrent against future offenses.

     The legislature also recognizes the vulnerability of certain areas within the State, including conservation lands, critical infrastructure, and densely populated communities.  Crimes that endanger these areas have a disproportionate impact on public safety, environmental stability, and economic resilience.  Accordingly, increased penalties for arson committed in these sensitive areas are essential to protect the State's most vulnerable resources.

     The legislature additionally finds that victims of arson often endure significant property damage, emotional distress, and financial hardship.  Mandating restitution for these victims acknowledges their losses, facilitates recovery, and reinforces the principle that offenders must bear responsibility for the harm that they cause.

     Therefore, the purpose of this Act is to improve public safety in the State by:

     (1)  Authorizing periods of imprisonment for individuals with previous arson convictions;

     (2)  Authorizing additional penalties for arson crimes that endanger vulnerable areas; and

     (3)  Requiring restitution for victims of arson who experienced property damage.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part XIII to be appropriately designated and to read as follows:

     "§708-    Victim restitution.  The court shall order the defendant to make restitution for reasonable and verified losses or damages to property suffered by the victim or victims as a result of the defendant's offense.

     §708-    Additional penalties.  (1)  The court shall order the defendant to perform       hours of community service dedicated to public awareness, firefighting education, or rehabilitation of affected areas.

     (2)  A person who is convicted of any offense under sections 708-8251, 708-8252, 708-8253, or 708-8254 that endangers or affects a vulnerable area such as a school, hospital, or living facility may be sentenced to an additional term of imprisonment of five years with the possibility of parole."

     SECTION 3.  Chapter 708, part XIII, Hawaii Revised Statutes, is amended to read as follows:

"[[]Part XIII.[]]  ARSON

     [[]§708-8251[]]  Arson in the first degree.  (1)  A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Knowingly places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.

     (2)  Arson in the first degree is a class A felony.

     (3)  A person who is convicted of arson in the first degree and has any prior offense under sections 708-8251, 708-8252, 708-8253, or 708-8254 may be sentenced to an additional five‑year term of imprisonment with the possibility for parole.

     [[]§708-8252[]]  Arson in the second degree.  (1)  A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Recklessly places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.

     (2)  Arson in the second degree is a class B felony.

     (3)  A person who is convicted of arson in the second degree and has any prior offense under sections 708-8251, 708‑8252, 708-8253, or 708-8254 may be sentenced to an additional five-year term of imprisonment with the possibility for parole.

     [[]§708-8253[]]  Arson in the third degree.  (1)  A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Negligently places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.

     (2)  Arson in the third degree is a class C felony.

     §708-8254  Arson in the fourth degree.  (1)  A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned, property and thereby damages the property of another without the other's consent.

     (2)  Except as provided in subsection (3), arson in the fourth degree shall be a misdemeanor.

     (3)  Arson in the fourth degree shall be a class C felony if the act [was]:

     (a)  Was committed during the time period and within the geographic area in which a red flag warning was in effect.  The state of mind requirement for the offense shall not be applicable to the fact that the red flag warning was in effect at the time and within the geographic area in which the act was committed.  The state of mind requirement applicable to the attendant circumstances that the red flag warning was in effect at the time and within the geographic area in which the act was committed shall be negligence[.]; or

     (b)  Endangers or affects a vulnerable area such as a school, hospital, or living facility.

     For purposes of this section, "red flag warning" means the weather warning issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger."

     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, 2077.

Report Title:

Arson; Penalties; Restitution; Felonies; Imprisonment; Community Service

Description:

Authorizes periods of imprisonment for individuals with previous arson convictions.  Authorizes additional penalties for arson crimes that endanger vulnerable areas.  Requires restitution for victims of arson who experienced property damage.  Effective 7/1/2077.  (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 arson.

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

     SECTION 1.  The legislature finds that arson provides a significant threat to the safety, property, and natural resources of the State, particularly given the increased frequency and severity of wildfires in recent years.  The devastating 2023 Maui wildfires serve as a stark reminder of the profound human, environmental, and economic toll that these incidents can inflict on our local communities.  These fires resulted in the tragic loss of life, widespread destruction of homes and businesses, and irreparable harm to Hawaiʻi's unique ecosystems and cultural heritage.

     The legislature further finds that existing statutes relating to arson are insufficient to deter individuals from engaging in behavior that endangers public safety critical resources.  Enhanced penalties, including increased minimum periods of imprisonment for repeat offenders, are necessary to address the heightened risk posed by individuals with a history of reckless or malicious actions.  Such measures will strengthen accountability and serve as a deterrent against future offenses.

     The legislature also recognizes the vulnerability of certain areas within the State, including conservation lands, critical infrastructure, and densely populated communities.  Crimes that endanger these areas have a disproportionate impact on public safety, environmental stability, and economic resilience.  Accordingly, increased penalties for arson committed in these sensitive areas are essential to protect the State's most vulnerable resources.

     The legislature additionally finds that victims of arson often endure significant property damage, emotional distress, and financial hardship.  Mandating restitution for these victims acknowledges their losses, facilitates recovery, and reinforces the principle that offenders must bear responsibility for the harm that they cause.

     Therefore, the purpose of this Act is to improve public safety in the State by:

     (1)  Designating mandatory minimum periods of imprisonment for individuals with previous arson convictions;

     (2)  Requiring additional penalties for arson crimes that endanger vulnerable areas; and

     (3)  Requiring restitution for victims of arson who experienced property damage.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part XIII to be appropriately designated and to read as follows:

     "§708-    Victim restitution.  The court shall order the defendant to make restitution for reasonable and verified losses or damages to property suffered by the victim or victims as a result of the defendant's offense.

     §708-    Additional penalties.  (1)  The court shall order the defendant to perform       hours of community service dedicated to public awareness, firefighting education, or rehabilitation of affected areas.

     (2)  A person who is convicted of any offense under sections 708-8251, 708-8252, 708-8253, or 708-8254 that endangers or affects a vulnerable area such as a school, hospital, or living facility shall be sentenced to an additional term of imprisonment of five years."

     SECTION 3.  Chapter 708, part XIII, Hawaii Revised Statutes, is amended to read as follows:

"[[]Part XIII.[]]  ARSON

     [[]§708-8251[]]  Arson in the first degree.  (1)  A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Knowingly places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.

     (2)  Arson in the first degree is a class A felony.

     (3)  A person who is convicted of arson in the first degree and has any prior offense under sections 708-8251, 708-8252, 708-8253, or 708-8254 shall be sentenced to an additional mandatory minimum fifteen-year term of imprisonment without possibility for parole.

     [[]§708-8252[]]  Arson in the second degree.  (1)  A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Recklessly places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.

     (2)  Arson in the second degree is a class B felony.

     (3)  A person who is convicted of arson in the second degree and has any prior offense under sections 708-8251, 708‑8252, 708-8253, or 708-8254 shall be sentenced to an additional mandatory minimum five-year term of imprisonment without possibility for parole.

     [[]§708-8253[]]  Arson in the third degree.  (1)  A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:

     (a)  Negligently places another person in danger of death or bodily injury; or

     (b)  Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.

     (2)  Arson in the third degree is a class C felony.

     §708-8254  Arson in the fourth degree.  (1)  A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned, property and thereby damages the property of another without the other's consent.

     (2)  Except as provided in subsection (3), arson in the fourth degree shall be a misdemeanor.

     (3)  Arson in the fourth degree shall be a class C felony if the act [was]:

     (a)  Was committed during the time period and within the geographic area in which a red flag warning was in effect.  The state of mind requirement for the offense shall not be applicable to the fact that the red flag warning was in effect at the time and within the geographic area in which the act was committed.  The state of mind requirement applicable to the attendant circumstances that the red flag warning was in effect at the time and within the geographic area in which the act was committed shall be negligence[.]; or

     (b)  Endangers or affects a vulnerable area such as a school, hospital, or living facility.

     For purposes of this subsection, "red flag warning" means the weather warning issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger."

     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:

Arson; Penalties; Restitution; Mandatory Minimums; Felonies; Imprisonment; Community Service

Description:

Designates mandatory minimum periods of imprisonment for individuals with previous arson convictions.  Requires additional penalties for arson crimes that endanger vulnerable areas.  Requires restitution for victims of arson who experienced property damage.

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. 972

Honolulu, Hawaii

RE:    S.B. No. 871

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 871, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ARSON,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize periods of imprisonment for individuals with previous arson convictions; 

     (2)  Authorize additional penalties for arson crimes that endanger vulnerable areas; and 

     (3)  Require restitution for victims of arson who experienced property damage.

     Your Committee received testimony in support of this measure from the Honolulu Police Department and one individual.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that protecting communities statewide from dangerous activities is of paramount importance.  While existing law provides for penalties for repeat offenders convicted of arson-related offenses, these provisions are insufficient to deter would-be offenders.  Further, existing provisions may not be commensurate with the consequences incurred by the local community that must seek restitution.  Therefore, enhanced penalties, including longer mandatory minimum sentences, may deter individuals from engaging in arson.  This measure prioritizes public safety while deterring individuals from engaging in dangerous activities.

     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. 871, S.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO. 78

Honolulu, Hawaii

RE:    S.B. No. 871

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 871 entitled:

"A BILL FOR AN ACT RELATING TO ARSON,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Designate mandatory minimum periods of imprisonment for individuals with previous arson convictions;

     (2)  Require additional penalties for arson crimes that endanger vulnerable areas; and

     (3)  Require restitution for victims of arson who experienced property damage.

     Your Committee received testimony in support of this measure from the Honolulu Police Department.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that existing statutes relating to arson are insufficient to deter individuals from engaging in behavior that endangers public safety.  According to the Honolulu Police Department, stricter penalties and longer prison sentences for repeat offenders are essential to tackle the increased danger presented by those with a track record of reckless or harmful behavior.  The measure will deter people from committing activities that threaten public safety and essential resources. 

     However, your Committee also acknowledges concerns raised by other agencies within the criminal justice system regarding the legality of imposing mandatory minimum sentences, additional penalties, and extended term provisions for the type and degree of crimes addressed by this measure.  The statutory guidelines for extended terms of imprisonment under state law apply to felony convictions, but this measure imposes extended terms of imprisonment for misdemeanor convictions.  The extended term provisions of this measure would violate an individual's right to due process to the extent that it seeks to impose extended terms of imprisonment without the requisite procedural safeguards, including the right to a jury determination.

     Accordingly, your Committee has adopted amendments to address the legal issues posed by the penalty scheme.

   Your Committee has amended this measure by:

     (1)  Clarifying that a person who is convicted of an arson offense that endangers or affects a vulnerable area such as a school, hospital, or living facility may be sentenced to an additional term of imprisonment of five years with the possibility of parole, rather than a mandatory sentence of an additional term of imprisonment of five years;

     (2)  Clarifying that a person who is convicted of arson in the first degree and has any prior arson offense may be sentenced to an additional five years of imprisonment with the possibility of parole, rather than a mandatory sentence of an additional mandatory minimum fifteen-year term of imprisonment without possibility for parole;

     (3)  Clarifying that a person who is convicted of arson in the second degree and has any prior arson offense may be sentenced to an additional five-year term of imprisonment with the possibility for parole, rather than a mandatory sentence of an additional mandatory minimum five-year term of imprisonment without possibility for parole;

     (4)  Amending section 1 to reflect its amended purpose; and

     (5)  Inserting an effective date of July 1, 2077, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 871, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 871, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,