HB1525.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	1525
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to public order.

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

SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§711- Unlawful occupation of state property. (1) A person commits the offense of unlawful occupation of state property if the person intentionally or knowingly:

(a) Sits or lies on state property, or on a tarpaulin, towel, sheet, blanket, sleeping bag, bedding, planter, chair, bench, or any other object or material placed upon state property; or

(b) For the purpose of camping on state property, possesses or controls any backpack, tent, blanket, tarpaulin, or other obvious camping paraphernalia in or on the property unless the person is engaging in an authorized activity on state property pursuant to a permit issued by the appropriate authority.

(2) The prohibitions in subsection (1)(a) shall not apply to:

(a) Any person sitting or lying on state property due to a medical emergency;

(b) Any person who, as a result of a disability, is utilizing a wheelchair or other, similar wheeled chair device to move about on state property;

(d) Any person sitting on state property while attending or viewing any festival, performance, rally, demonstration, or similar event conducted on state property pursuant to a permit issued by the appropriate authority;

(e) Any person engaged in a maintenance, repair, or construction activity on behalf of a governmental entity or a public utility;

(f) Any child who is sitting or lying in a baby carriage, stroller, or carrier, or similar device, to move about on state property;

(g) Any person sitting on a chair or bench located on state property that is placed there by a public agency or pursuant to permit issued by the appropriate authority;

(h) Any person sitting in line for goods or services unless the person or person's possessions impede the ability of pedestrians to travel along the length of the state property or enter a doorway or other entrance alongside the property; or

(i) Any person engaging in an authorized activity on state property pursuant to a permit issued by the appropriate authority.

(3) No person shall be deemed to have violated this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.

(4) For purposes of this section:

"Camping" means the use and occupation of state property as a temporary or permanent dwelling place or place for sleeping.

"Dwelling place" means a place used for human habitation as an overnight accommodation, lodging, or shelter on either a temporary or permanent basis.

"Expressive activity" means speech or conduct, the principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political, religious, philosophical, or ideological opinions, views, or ideas, and for which no fee is charged or required as a condition of participation in or attendance at the activity. The term generally does not include sports events, such as marathons; fundraising events; beauty contests; commercial events; cultural celebrations, or other events the principal purpose of which is entertainment.

"State property" means any state land and appurtenances thereof and the buildings, structures, and improvements erected on or affixed to the same.

(5) Unlawful occupation of state property is a petty misdemeanor."

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. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________