Report Title:

Obstruction of Ingress and Egress

 

Description:

Clarifies law on refusal to provide ingress or egress. Defines law enforcement officer. Exempts labor disputes from chapter 852, HRS. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2315

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

RELATING TO THE OBSTRUCTION OF INGRESS OR EGRESS.

 

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

SECTION 1. Chapter 852, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§852- Exemption for labor disputes. This chapter shall not apply to obstruction of ingress or egress at any place of employment under circumstances constituting a labor dispute, as defined in section 377-1."

SECTION 2. Section 852-1, Hawaii Revised Statutes, is amended to read as follows:

"§852-1 Refusal to provide ingress or egress[; penalty]. [Whenever ingress to or egress from any public or private place is obstructed by any person or persons in such manner as not to leave a free passageway for persons and vehicles lawfully seeking to enter or leave such place, any police or other peace officer shall direct such person or persons to move so as to provide and maintain a free and unobstructed passageway for persons and vehicles lawfully going into or out of such place. It shall be unlawful for any person to refuse or wilfully fail to move as directed by such officer.] (a) A person commits the offense of refusal to provide ingress or egress if the person:

(1) Obstructs ingress or egress from any public or private place in such a manner as not to leave a free passageway for persons and vehicles lawfully seeking to enter or leave that place; and

(2) Refuses or wilfully fails to comply with the direction of a law enforcement officer to move so that a free and unobstructed passageway for persons and vehicles is provided and maintained.

(b) As used in this section, "law enforcement officer" means any public servant, whether employed by the State or county, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether the duty extends to all offenses or is limited to a specific class of offenses."

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 Statutory material to be repealed is bracketed and stricken.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.