HOUSE OF REPRESENTATIVES
H.B. NO.
892
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO GEOGRAPHICAL RESTRICTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in criminal law, a geographical restriction imposed upon an individual found guilty of a crime is ordinarily limited to specific individuals or property to deter future crime. For decades, geographical restrictions have been imposed upon defendants in Hawaii courts under the Weed and Seed program, and most recently under the Safe and Sound Waikiki program managed by the city and county of Honolulu office of the prosecuting attorney in association with the Honolulu police department and nongovernmental organizations. These programs have been imposing geographical restrictions on habitual crime offenders to deter criminal activities in the designated area.
Recently, the city and county of Honolulu office of the prosecuting attorney began implementing the Safe and Sound program beyond the boundaries of the Waikiki business district. Safe and Sound Westside prohibits defendants from entering or remaining, except for legitimate reasons with prior approval of the court, in a large portion of Oahu, bounded by and including the following streets or landmarks: the shoreline from Kahe Point Beach Park until Kaena Point State Park, and one mile mauka of the shoreline.
The legislature further finds that geographical restrictions have not been addressed by the Hawaii supreme court, and their legality has not been tested against established principles under the federal and state constitutions, including the right to freedom of movement, the right to equal protection of laws, and the traditional and customary right of access under the Hawaii State Constitution and state law.
The prohibitions imposed under the Safe and Sound Westside program have resulted in numerous individuals being unable to work, live, commune with family, seek medical care, or practice cultural rights in a significant portion of the island of Oahu. In consideration of the legal issues associated with geographical restrictions, the legislature must act to establish reasonable limits.
Accordingly, the purpose of this Act is to establish limitations on geographical restrictions provided as a condition of probation.
SECTION 2. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"[Underlined: §706- ] [Underlined: Geographical restrictions; limitations.] [Underlined: Except as otherwise provided by law, any geographical restriction provided as a condition of probation shall:]
[Underlined: (1)] [Underlined: Be limited to an area that is no larger than acres;]
[Underlined: (2)] [Underlined: Be narrowly tailored to the defendant's criminal conviction; and]
[Underlined: (3)] [Underlined: Not be imposed upon areas of land or access to sea, the right to which is protected by law.]"[Underlined: ]
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2025.
INTRODUCED BY:
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Report Title:
Penal Code; Probation; Geographical Restrictions; Limitations
Description:
Establishes limitations on geographical restrictions provided as a condition of probation.
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