Report Title:

Arson; State Conservation Land

Description:

Provides penalties for the intentional setting of fires within forest reserves, public hunting areas, wildlife and plant sanctuaries, and natural area reserves.

THE SENATE

S.B. NO.

951

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FIRE PROTECTION.

 

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

SECTION 1. Fires that are intentionally set within forest and preservation lands threaten wildlife and plant life, including rare and endangered species. They cause damage to personal and public property, and can even threaten lives. Despite this, it has been difficult to mete out appropriately severe punishment to those responsible for these damaging fires due to the need in some cases to demonstrate a certain amount of monetary damage before a case can be successfully prosecuted.

The purpose of this Act is to appropriately punish a person starting a fire on lands controlled by the department of land and natural resources by including the costs of fighting the fire as damage for purposes of meeting the requirements of the criminal property damage statutes in the penal code.

SECTION 2. Chapter 185, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§185-   Penalties for the setting of fires. (a) Except as otherwise provided in this chapter, a person who intentionally sets a fire to lands within the jurisdiction of the department under section 185-1 shall be guilty of criminal property damage under sections 708-820 to 708-823; provided that the monetary amount of required property damage of the degrees of offense shall be met by combining the actual monetary amount of damage with the cost of any federal, state, or county efforts to extinguish the fire.

(b) Any person violating this section shall be fined not less than $250 nor more than $4,000, and shall be liable for restitution for the costs of extinguishment in addition to the actual amount of damages."

SECTION 3. Section 185-7, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates any restriction of a closure or any person who discards burning material within a closed fire area, or, every person who sets a fire on land within the closed fire area without a permit, or, every person who wilfully, maliciously, or negligently sets a fire which burns property not owned, leased, or controlled by the person shall be [guilty of a misdemeanor.] liable pursuant to section 185-  . [Any person violating this section shall be fined not less than $250 nor more than $4,000 and shall be held liable for restitution for any suppression costs and damages to public or private property.] Setting fires or causing them to be set or allowing them to escape shall be prima facie evidence of wilfulness, malice, or negligence under this section; provided that nothing herein contained shall apply to a person who, in good faith, sets a back fire to check a fire already burning. A "closed fire area" is defined as the area wherein a total closure or specific burning restrictions are in effect during a fire danger period.

This subsection shall not apply to a person who, in good faith, sets a back fire to check a fire that is already burning."

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.

INTRODUCED BY:

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