Bill Text: HI SB3026 | 2012 | Regular Session | Introduced


Bill Title: Legislature; Disruptive Behavior

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-03 - (S) The committee(s) on PGM deleted the measure from the public hearing scheduled on 02-07-12 2:45PM in conference room 224. [SB3026 Detail]

Download: Hawaii-2012-SB3026-Introduced.html

THE SENATE

S.B. NO.

3026

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to offenseS AGAINST PUBLIC ADMINISTRATION.

 

 

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

 


     SECTION 1.  Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§710-    Disrespect of a house of the legislature.  (1)  Pursuant to article III, section 18, of the Hawaii state constitution, a person who is not a member of either house of the legislature commits the offense of disrespect of a house of the legislature if, while the person is present at a legislative session of either house or at a hearing of any committee of either house, the person exhibits disorderly or contemptuously behavior.

     (2)  For purposes of subsection (a), the acts that constitute disorderly or contemptuous behavior shall include but not be limited to:

    (a)   Making loud, boisterous, or incessant shouts;

    (b)   Refusing to be or to remain seated on orders from the sheriff or sergeant-at-arms, in response to behavior under paragraph (a);

    (c)   Assaulting any member of the legislature or the public;

    (d)   Threatening bodily harm to any member of the legislature or the public;

    (e)   Failing to obey a lawful directive of the presiding officer of the legislature during a legislative session or a legislative chair during a hearing; or

    (f)   On account of the exercise of any legislative function by a member of either house:

         (i)  Threatening harm to the body or estate of any member of either house;

        (ii)  Assaulting, arresting, or detaining any witness or other person ordered to attend a legislative session or hearing, on the witness' or other person's way going to or returning from a legislative session or hearing; or

       (iii)  Rescuing any person arrested by order of either house.

     (3)  A person committing any of the acts under subsection (2) shall be:

    (a)   Subject to arrest by the sheriff or other lawful authority;

    (b)   Served with a written charge against the person that states the specific behavior that is the basis of the arrest; and

    (c)   Afforded an opportunity to present evidence and be heard in the person's own defense.

     (4)  Violation of this section shall constitute a misdemeanor."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Legislature; Disruptive Behavior

 

Description:

Creates the offense of disrespect of a house of the legislature for disorderly or contemptuous behavior by a person who is not a member of the legislature.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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