HB1209

SECTION 1. The legislature finds that Hawaii has long been a leader among the states in the development of progressive and innovative undertakings on behalf of its neediest residents. Securing the well—being of all of the State’s citizens and residents continues to be a policy objective deserving of the highest priority. As a growing share of the State’s resources are committed to programs and services to assist those in greatest need, the State also has both the obligation and the opportunity to ensure that government resources are used prudently, in a cost—effective manner, for the benefit of all residents. This can be accomplished through new and innovative solutions. One such solution is legislation that secures public places for use by all of Hawaii’s residents, not just the homeless, and ensures that the homeless who loiter on public property are referred for appropriate services.

The purpose of this Act is to provide law enforcement with the tools necessary to limit habitation of public places by the homeless.

SECTION 2. Chapter 711, Hawaii Revised Statutes, is

amended by adding a new section to be appropriately designated and to read as follows:

"§711- Loitering on public property. (1) A person commits the offense of loitering on public property if that person remains within a five hundred square yard area on any public property for more than two hours between 9:00 p.m. and 5:00 a.m.

(2) Any person who commits the offense of loitering on public property shall be guilty of a petty misdemeanor; provided that if the court determines that the person:

(a) Has no permanent residence; and

(b) Did not commit any other crime while committing the loitering offense; the case shall be expedited and the person shall be placed under supervision of the case management system.

(3) For the purpose of this section, “public property” has the same meaning as in section 101—51.”

SECTION 3. Section 708—813, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"§708-813 Criminal trespass in the first degree. (1) A person commits the offense of criminal trespass in the first degree if:

(a) That person knowingly enters or remains unlawfully:

(i) In a dwelling; or

(ii) In or upon the premises of a hotel or apartment building;

(b) That person:

(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

(ii) Is in possession of a firearm, as defined in section 134—1, at the time of the intrusion; or

(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A—1O1, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.[.];

(d) That person enters or remains unlawfully in or upon public property, as defined in section 101—51, after reasonable warning or request to leave by a police officer; or

(e) That persons enters or remains unlawfully in or upon public property, as defined in section 101-51, after three convictions of petty misdemeanor loitering.

(2) Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:

(a) An owner or occupant of the land or premises;

(b) An agent of the owner or occupant of the land or premises; or

(3) As used in this section, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process.

(4) Criminal trespass in the first degree is a misdemeanor."

SECTION 4. Chapter 601, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§601- Homeless case management special fund. (a) There is established within the state treasury the homeless case management special fund, to be administered and expended by the judiciary.

(b) The proceeds of the fund shall be reserved for use by the judiciary for the homeless case management program, including purchases of service pursuant to chapter lO3F, in support of the program. The fund shall be kept separate from all other funds in the treasury.

(c) The fund shall consist of appropriations from the legislature, or as otherwise provided by law, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the fund shall be subject to the conditions specified in subsection (b).

(d) The judiciary shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the homeless case management special fund.”

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023—2024 and the same sum or so much thereof as may be necessary for fiscal year 2024—2025 to be deposited into the homeless case management special fund.

SECTION 6. There is appropriated out of the homeless case management special fund the sum of $ or so much thereof as may be necessary for fiscal year 2023—2024 and the same sum or so much thereof as may be necessary for fiscal year 2024—2025 to operate the homeless case management program.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1209
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII