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HI HB1355
Bill
Status
1/25/2023
Primary Sponsor
Rachele Fernandez Lamosao
Click for details
AI Summary
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Establishes civil trespass onto real property as a civil infraction (rather than criminal offense) for persons who intentionally or knowingly enter or remain unlawfully on premises without authorization or invitation.
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Exempts airspace trespass from civil liability if conduct does not interfere with owner's actual use of premises or is directly related to construction of affordable housing as defined in section 201H-57.
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Requires law enforcement to issue citations for violations, which shall be adjudicated in district courts using a system modeled after chapter 291D (traffic infraction system).
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Establishes tiered civil fines: first violation, second violation involving same premises, and third or subsequent violations involving same premises (specific fine amounts left blank in bill).
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Requires judiciary to establish and implement adjudication system by January 1, 2024; effective date is June 30, 3000.
Legislative Description
Relating To Civil Trespass.
Penalties
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Aiu, Marten excused (2).
2/17/2023