SB128 creates a new criminal offense for knowingly entering or remaining unlawfully on agricultural land in Hawaii. The bill defines “agricultural land” broadly to include farming, ranching, livestock, poultry, cane, fruit, flower, and related farm infrastructure and adjacent lands under an owner’s control. It also carves out exceptions for process servers acting in good faith and for professional land surveyors working at the request of the landowner or other person with an interest in the property.
The bill classifies criminal trespass on agricultural land as a petty misdemeanor and sets escalating mandatory fines of $500 for a first offense, $1,500 for a second, $2,000 for a third, and $2,500 for subsequent offenses. It also requires restitution of at least twice the amount of property damage caused, while preserving any civil remedies available to landowners. In addition, the bill amends Hawaii’s firearm-disqualification law to bar people who are being prosecuted for, or convicted of, this new offense from owning, possessing, or controlling firearms or ammunition.
The stated purpose is to address rising agricultural theft, vandalism, and trespass, which the bill says impose significant costs on farmers and ranchers and can create safety risks, including armed trespassers and violent confrontations. The legislature’s findings emphasize that existing trespass penalties are not deterring repeat offenders and that prosecutions are often not pursued under current law.
Overall sentiment in the available materials appears supportive of stronger protections for agricultural landowners, with the bill framed as a response to public safety and property damage concerns in the farming community. No committee testimony or vote record is provided, so there is no recorded opposition in the supplied context. The main policy tension implied by the text is between tougher enforcement on trespassers and the need to preserve access for legitimate actors such as process servers and surveyors, as well as the broader question of whether firearm restrictions should attach at the prosecution stage as well as after conviction.
SB128 would add a new section to chapter 708 of the Hawaii Revised Statutes creating a specific trespass offense for agricultural land and would amend section 134-7 to make prosecution for, or conviction of, that offense a basis for firearm and ammunition disqualification. It would increase criminal penalties beyond ordinary trespass treatment, impose mandatory fines and restitution, and preserve civil liability and other remedies for landowners. The bill would directly affect trespassers, agricultural property owners, and persons subject to Hawaii’s firearm possession restrictions.
The bill’s tone and findings indicate strong support for agricultural landowners and a desire for tougher deterrence against trespass, theft, vandalism, and unsafe hunting activity on private farm and ranch land. The available record shows no committee debate, votes, or formal opposition, so the public sentiment reflected in the bill text is largely one of concern for farmer safety and property protection. The measure is presented as a targeted response to repeat offending and escalating harm in the agricultural sector.
The principal points of contention suggested by the bill are the severity of the new penalties and the firearm restriction tied not only to conviction but also to being prosecuted for the offense. That approach may raise due process concerns for some observers, though no explicit opposition is included in the provided materials. Another likely issue is the breadth of the agricultural-land definition and whether the law could be applied too broadly or create enforcement challenges, balanced against the bill’s exceptions for process servers and surveyors who have legitimate reasons to enter property.