Report Title:

Litter; Penalties

Description:

Amends definition of "litter"; increases amount a defendant may be fined for conviction of criminal littering; provides for imprisonment if littering involved furniture, appliance, or motor vehicle.

HOUSE OF REPRESENTATIVES

H.B. NO.

740

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to criminal littering.

 

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

SECTION 1. The legislature finds that rural or secluded areas of the State often are used to dump trash, such as cars, vans, trucks, refrigerators, or furniture. The purpose of this Act is to deter littering by increasing the amount that a person convicted of criminal littering may be fined and to provide for a term of imprisonment in certain criminal littering cases.

SECTION 2. Section 708-829, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, [or] solid waste[.], an automobile, van, truck, or a large appliance or piece of furniture, including a dishwasher, stove, oven, refrigerator, freezer, hot water tank, sofa, couch, or bed."

SECTION 3. Section 708-829, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

"(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:

(a) For the first offense, defendant shall spend four hours of either picking up litter on public property or performing community service.

(b) For any subsequent offense, defendant shall spend eight hours of either picking up litter on public property or performing community service.

(c) The court shall fine the person convicted of committing the offense of criminal littering at least $25, but not more than [$500.] $1,000.

(d) The court shall sentence the person convicted of committing the offense of criminal littering to at least one, but not more than thirty, days of imprisonment if the criminal littering included: an automobile; van; truck; or a large appliance or piece of furniture, including a dishwasher, stove, oven, refrigerator, freezer, hot water tank, sofa, couch, or bed. This sentence shall be imposed notwithstanding any civil fine imposed under section 290-12 or disposition of an abandoned vehicle under chapter 290."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________