Bill > HB1398

This bill establishes a comprehensive set of legal provisions designed to protect property owners' rights by creating new procedures and criminal offenses related to unauthorized property occupation. The bill introduces an expedited process for property owners to remove unauthorized occupants, which involves submitting an application to law enforcement with specific details about the person occupying the property, including confirmation that the occupant is not a former tenant, family member, or involved in ongoing litigation with the property owner. If the law enforcement director determines the application is valid, they can serve notice and physically remove the unauthorized person from the property. The bill also creates new criminal offenses, including criminal trespasser property damage (in first and second degrees) for individuals who illegally occupy and damage property, with penalties ranging from misdemeanors to class C felonies depending on the extent of property damage. Additionally, the bill establishes criminal offenses for making false statements to detain real property and for fraudulently advertising a property for sale or rent without ownership or permission. The legislation aims to provide property owners with stronger legal protections against unauthorized occupation and fraudulent property-related activities, while also offering a mechanism for wrongfully removed individuals to seek civil action within two years of the incident.

Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1398&year=2026