THE SENATE	S.B. NO.	2950
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to sentencing.

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

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§706-    Authority to impose probationary geographic restriction; Waikiki; business districts; resort zones. A defendant who has been convicted of a misdemeanor, has two prior misdemeanor convictions, and each conviction was the result of an act that occurred within Waikiki, or within the same business district or resort zoned area may be sentenced to a probationary term of geographic restriction not exceeding       years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Violation of an imposed geographic restriction shall be a misdemeanor and shall result in imprisonment of thirty days.

An individual who lives or works within the district or area in which the acts occurred shall not be prohibited from entering the district.

For purposes of this section:

"Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue."

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:

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Report Title:

Probation; Geographic Restriction; Misdemeanor Conviction; Waikiki; Business Districts; Resort Zones Areas

Description:

Allows a defendant who has been convicted of three misdemeanors in Waikiki, any business district, or resort zoned area to be sentenced to a probationary term of geographic restriction not exceeding       years during which the defendant shall be prohibited from entering the district or area in which the acts occurred. Imposes imprisonment of thirty days for violation.

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