SB1606 amends Hawaii’s criminal trespass statutes to create a higher penalty for repeat trespass on certain public lands. Under current law, trespass onto public parks, recreational grounds, and state lands is generally a petty misdemeanor; this bill keeps that baseline penalty but adds that if a person returns to the same location within 30 days after the initial offense, the subsequent trespass becomes a misdemeanor.
The bill applies specifically to trespass on public parks and recreational grounds and on state lands, and it would amend sections 708-814.5 and 708-814.7 of the Hawaii Revised Statutes. It also includes standard language preserving rights, duties, penalties, and proceedings that arose before the act’s effective date, and it would take effect upon approval.
Impact
The bill would increase criminal exposure for repeat trespassers on specified public property by elevating a second offense within 30 days from a petty misdemeanor to a misdemeanor. This changes the penalty structure in Hawaii’s penal code for trespass on public parks, recreational grounds, and state lands, potentially affecting enforcement by law enforcement, prosecutors, and land managers responsible for public access areas.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of support or opposition in the available record. Based on the bill text alone, the measure appears to be a public-safety and property-protection proposal aimed at deterring repeat trespass on government-managed lands.
Contention
The main policy issue is whether repeat trespass on public lands should be punished more severely after a short time window, which may raise concerns about proportionality, enforcement discretion, and impacts on people who use public lands or parks repeatedly. Supporters would likely emphasize deterrence and protection of public property, while opponents might question whether misdemeanor treatment is too harsh for conduct that begins as a petty misdemeanor, especially in contexts involving homelessness, access disputes, or inadvertent return to the same area.