Report Title:

Crimes; Ingress and Egress

 

Description:

Increases the fine and decreases the period of imprisonment for refusal to obey an order to not obstruct ingress to or egress from a public or private place. Defines law enforcement officer.

THE SENATE

S.B. NO.

2648

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

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. 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.] (1) A person commits the offense of refusal to provide ingress or egress if the person:

(a) 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

(b) 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.

(2) "Law enforcement officer" as used in this section means any public servant, whether employed by the State or county or by the United States, 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 2. Section 852-2, Hawaii Revised Statutes, is amended to read as follows:

"852-2 Penalty. Any person who [refuses or wilfully fails to move as directed by such officer] violates section 852-1 shall be fined not more than [$200] $1,000 or imprisoned not more than [six months,] thirty days, or both."

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 Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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