Report Title:

Loitering

Description:

Creates offenses of loitering and criminal nuisance.

HOUSE OF REPRESENTATIVES

H.B. NO.

1559

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to crime.

 

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

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Loitering. (a) A person is guilty of loitering when that person:

(1) remains or wanders about in a public place for the purpose of begging;

(2) remains in a public place for the purpose of gambling;

(3) remains in a public place for the purpose of engaging, or soliciting another person to engage, in sexual intercourse or other sexual behavior;

(4) remains in or about school grounds, a college or a university building, or remains in or enters a school bus, not having any reason or relationship involving custody or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same;

(5) remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade, or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument;

(6) remains in any transportation facility, or is found sleeping therein, and is unable to give a satisfactory explanation of their presence.

(b) Loitering is a violation."

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Loitering in the first degree. (a) A person is guilty of loitering in the first degree when he loiters or remains in any place with one or more persons for the purpose of unlawfully using or possessing a dangerous, harmful, or detrimental drug, as defined by chapter 329.

(b) Loitering in the first degree is a misdemeanor."

SECTION 3. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Criminal nuisance in the first degree. (a) A person is guilty of criminal nuisance in the first degree when he knowingly conducts or maintains any premises or place where persons come or gather for the purpose of engaging in the unlawful sale or distribution of a dangerous, harmful, or detrimental drug, as defined by chapter 329, in violation of chapter 712.

(b) Criminal nuisance in the first degree is a class A felony."

SECTION 4. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712- Criminal nuisance in the second degree. (a) A person is guilty of criminal nuisance in the second degree when he:

(1) knowingly or recklessly creates or maintains a condition which endangers the safety or health of more than one person; or

(2) knowingly conducts or maintains any premises or place where persons gather for purposes of engaging in unlawful conduct.

(b) Criminal nuisance in the second degree is a misdemeanor."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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