HOUSE OF REPRESENTATIVES	H.B. NO.	364
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to nuisance abatement.

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

     SECTION 1.  The purpose of this Act is to amend chapter 712, Hawaii Revised Statutes, part V, relating to nuisance abatement, by adding part III, gambling offenses, to the list of qualifying offenses giving rise to a nuisance that may be enjoined, abated, or prevented.  The legislature finds that the Honolulu police department has often used the nuisance abatement law to remind owners and landlords about their responsibility to monitor the use of their property.  However, gambling offenses are not listed as qualifying offenses even though gambling rooms have been the scene of extremely violent crimes, such as homicides, and are known to be used for the distribution of narcotics.  Currently, there are no consequences for owners who fail to take action regarding the ongoing gambling activity occurring on their property.

Accordingly, the purpose of this Act is to enhance public safety by amending section 712-1270, Hawaii Revised Statutes, with regard to nuisance abatement, to include gambling offenses.

     SECTION 2.  Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

     "§712-1270  Places used to commit offenses against public health and morals, a nuisance.  Every building, premises, or place used for the purpose of violating:

     (1)  Those laws pertaining to offenses against public health and morals contained in parts I, II, [and] III, or IV of this chapter, except offenses under part IV [which] that do not involve the manufacture or distribution of drugs; or

     (2)  Section 132D-14(a)(1) or (3),

and every building, premises, or place in or upon which the violations are held or occur in parts I, II, [and] III, or  IV, or section 132D-14(a)(1) or (3), is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Nuisance Abatement; Gambling Offenses

Description:

Adds a building, premise, and place in which a gambling offense is committed as a nuisance that is subject to abatement.

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