THE SENATE |
S.B. NO. |
739 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DESECRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to increase protection of the State's cultural and historic resources and facilitate enforcement of state law prohibiting acts of desecration by:
(1) Reducing the requisite state of mind for the criminal offense of desecration from "intentionally" to "knowingly"; and
(2) Simplifying the definition of "desecrate".
SECTION 2. Section 711-1107, Hawaii Revised Statutes, is amended by amending subsections (1) and (2) to read as follows:
"(1)
A person commits the offense of desecration if the person [intentionally]
knowingly desecrates:
(a) Any public monument or structure;
(b) A place of worship or burial; or
(c) In a public place the national flag or any other object of veneration by a substantial segment of the public.
(2)
"Desecrate" means defacing, damaging, polluting, or otherwise
physically mistreating [in a way that the defendant knows will outrage the
sensibilities of persons likely to observe or discover the defendant's action.]
any monument, structure, place, or object described in subsection (1)."
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 Statutory material to be repealed is bracketed and stricken.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 on July 1, 2023.
INTRODUCED BY: |
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Report Title:
Native Hawaiian Caucus; Penal Code; Desecration; State of Mind; Definition
Description:
Reduces the requisite state of mind for the criminal offense of desecration from "intentionally" to "knowingly". Simplifies the definition of "desecrate".
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.