Report Title:

Loitering and Criminal Nuisance; Ala Moana Park

 

Description:

Creates offenses of loitering and criminal nuisance in Ala Moana Park.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1507

TWENTY-FIFTH LEGISLATURE, 2009

 

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 four new sections to be appropriately designated and to read as follows:

     "§712-     Loitering while using or possessing an illegal drug.  (1)  A person is guilty of loitering while using or possessing an illegal drug if the person remains or wanders in Ala Moana Park while unlawfully using or possessing a dangerous, detrimental, or harmful drug.

     (2)  Loitering while using or possessing an illegal drug is a misdemeanor.

     (3)  As used in this section:

     "Ala Moana Park" means that area of Oahu bounded by Ala Moana boulevard, Kewalo basin, Atkinson drive, and the ocean.

     "Dangerous drug" shall have the same meaning as in section 712-1240.

     "Detrimental drug" shall have the same meaning as in section 712-1240.

     "Harmful drug" shall have the same meaning as in section 712-1240.

     §712-     Loitering while begging or soliciting alms.  (1)  A person is guilty of loitering while begging or soliciting alms if the person remains or wanders in Ala Moana Park while begging or soliciting alms.

     (2)  Loitering while begging or soliciting alms is a violation.

     (3)  As used in this section, "Ala Moana Park" means that area of Oahu bounded by Ala Moana boulevard, Kewalo basin, Atkinson drive, and the ocean.

     §712-     Criminal nuisance in the first degree.  (1)  A person is guilty of criminal nuisance in the first degree if the person intentionally, knowingly, or recklessly operates or maintains any premises or place in Ala Moana Park where persons come or gather for the purpose of engaging in the unlawful sale or distribution of a dangerous, detrimental, or harmful drug.

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

     (3)  As used in this section:

     "Ala Moana Park" means that area of Oahu bounded by Ala Moana boulevard, Kewalo basin, Atkinson drive, and the ocean.

     "Dangerous drug" shall have the same meaning as in section 712-1240.

     "Detrimental drug" shall have the same meaning as in section 712-1240.

     "Harmful drug" shall have the same meaning as in section 712-1240.

     §712-     Criminal nuisance in the second degree; designated areas.  (1)  A person is guilty of criminal nuisance in the second degree if the person:

    (a)   Intentionally, knowingly, or recklessly creates or maintains a condition in Ala Moana Park that endangers the safety or health of more than one person; or

    (b)   Intentionally, knowingly, or recklessly operates or maintains any premises or place in Ala Moana Park where persons gather for purposes of engaging in unlawful conduct.

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

     (3)  As used in this section, "Ala Moana Park" means that area of Oahu bounded by Ala Moana boulevard, Kewalo basin, Atkinson drive, and the ocean."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2010.

 

INTRODUCED BY:

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