HOUSE OF REPRESENTATIVES	H.B. NO.	31
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to disorderly conduct.

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

     SECTION 1.  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] to 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; [or]

    (b)   Makes unreasonable noise; [or]

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

    (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) Impedes or obstructs the use of or access to a bus stop by:

(i) Laying across any bench or more than one seat provided at the bus stop; or

(ii) Sleeping on the ground within or abutting any bus stop shelter or other bus stop structure.

     (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)  Committing an act described in subsection (1)(f) for more than            minutes shall be prima facie evidence of recklessly creating a risk of physical inconvenience to a member or members of the public.

     [(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 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 January 1, 2014.

INTRODUCED BY:

_____________________________

Report Title:

Disorderly Conduct; Bus Stops

Description:

Includes within the crime of disorderly conduct impeding or obstructing the use of or access to a bus stop by laying across any bench or more than one seat provided at the bus stop or sleeping on the ground within or abutting any bus stop shelter or other bus stop structure.  Effective 01/01/2014.

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