HOUSE OF REPRESENTATIVES

H.B. NO.

1722

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO POLICE POWERS.

 

 

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

 


     SECTION 1.  Chapter 52D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§52D‑    Police power; access to private property.  Notwithstanding any law to the contrary, a police officer shall have the authority to enter onto private property without the prior consent of the property owner in order to exercise all powers, privileges, and authority necessary to enforce the laws of the State; provided that the property is expressly or impliedly open to the public."

     SECTION 2.  Nothing in this Act is intended to interfere with the Fourth Amendment rights against unreasonable searches and seizures of any person affected.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.


 


 

Report Title:

Police Powers; Private Property

 

Description:

Gives a police officer the authority to enter onto private property, without the prior consent of the property owner, in order to exercise all powers, privileges, and authority necessary to enforce the laws of the State; provided that the property is generally open to the public.  Effective July 1, 2020.  (HB1722 HD1)

 

 

 

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