Report Title:

Arson; Firefighting Costs

 

Description:

Specifies the firefighting costs that a defendant convicted of arson may be required to reimburse.  (SB2425 SD1)

 


THE SENATE

S.B. NO.

2425

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ARSON.

 

 

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

 


     SECTION 1.  Section 706-606.2, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of property, may be required to:

    (a)   Pay any costs associated with extinguishing the fire[; and], which shall include, but are not limited to:

         (i)  Personnel salary, benefits, and overtime;

        (ii)  The operation, maintenance, and repair of apparatus, aircraft, and equipment;

       (iii)  Supplies expended, damaged, or lost; and

        (iv)  Rehabilitation supplies during fire fighting operations; and

    (b)   Perform community service work in the region in which the property damage occurred.

With regard to any fine or monetary penalty that may be imposed on a minor convicted or adjudicated for an offense of arson, the parents or legal guardians of the minor shall be liable for the percentage of costs associated with extinguishing the fire based upon the apportionment of fire damage to real or personal property caused by the minor as a result of committing the offense of arson, regardless of whether the property is publicly or privately owned."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.