Report Title:

Litter

Description:

Stiffens penalties for littering.

THE SENATE

S.B. NO.

1187

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LITTER.

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

SECTION 1. The legislature finds that rural or secluded areas of the island are often used to dump trash such as cars, vans, trucks, refrigerators, or sofas. The purpose of this Act is to create greater disincentives toward littering.

SECTION 2. Section 708-829, Hawaii Revised Statutes, is amended to read as follows:

"708-829 Criminal littering.

(1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:

(a) In a place which is designated by the department of

health or the county for the disposal of garbage and

refuse;

(b) Into a litter receptacle;

(c) Into a litter bag, provided that the bag is disposed

of properly into a litter receptacle or in a place

which is designated by the department of health or the

county for the disposal of garbage and refuse.

(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.

(3) Criminal littering is a petty misdemeanor.

(4) Except as provided in subsection (5), [The] 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.

(5) If the litter included a motor vehicle as defined in section 286-2 that is capable of carrying at least one passenger in addition to the operator, or a large appliance or piece of furniture including but not limited to a dishwasher, stove, oven, refrigerator, freezer, hot water heater tank, sofa, couch, or bed, then subsection (4) shall not apply. The court shall instead sentence the person as follows:

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

(b) For any subsequent offense, defendant shall spend forty 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 $100, but not more than $1000.

(5) (6) It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

SECTION 3. This Act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon approval.

INTRODUCED BY:

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