Report Title:

Controlled Substances; Protected Places

Description:

Extends offense of promoting a controlled substance near schools or school vehicles to include public parks, shopping malls, theater complexes, arcades, libraries, church grounds, bowling alleys, beaches, and beach parks. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

564

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to promotion of controlled substances.

 

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

SECTION 1. Section 712-1249.6, Hawaii Revised Statutes, is amended by amending its title and subsections (1) and (2) to read as follows:

"§712-1249.6 Promoting a controlled substance in, on, or near [schools or school vehicles] protected places. (1) A person commits the offense of promoting a controlled substance in, on, or near [schools or school]:

(a) Schools;

(b) School vehicles;

(c) Public parks;

(d) Shopping malls;

(e) Theater complexes;

(f) Arcades;

(g) Libraries;

(h) Church grounds;

(i) Bowling alleys;

(j) Beaches; or

(k) Beach parks,

if the person knowingly:

[(a)] i Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property [comprising a public or private elementary or secondary school;] listed in this section;

[(b)] ii Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred [and] fifty feet of the real property [comprising a public or private elementary or secondary school;] list in this section; or

[(c)]iii Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children.

(2) Promoting a controlled substance in, on, or near [schools or], property or real property listed in this section, [school vehicles] is a class C felony."

SECTION 2. Section 712-1249.6, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) for the purposes of this section[, "school vehicle"]:

"School vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section[.];

"Shopping mall" means any enclosed or unenclosed grouping of retail or business establishments accessible by common walkways;

"Theater complex" means a building encompassing one or more motion picture screens; and

"Arcade" means any enclosed or unenclosed real property that contain gaming devices such as, but not limited to pinball or electronic games."

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.