§706-606.2 Special sentencing considerations for arson; other actions not prohibited. (1) In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of property, may be required to:

(a) Pay any costs associated with extinguishing the fire, which shall include, but are not limited to:

(i) Personnel salary, benefits, and overtime;

(ii) The operation, maintenance, and repair of apparatus, aircraft, and equipment;

(iii) Supplies expended, damaged, or lost; and

(iv) Rehabilitation supplies during firefighting operations; and

(b) Perform community service work in the region in which the property damage occurred.

With regard to any fine or monetary penalty that may be imposed on a minor convicted or adjudicated for an offense of arson, the parents or legal guardians of the minor shall be liable for the percentage of costs associated with extinguishing the fire based upon the apportionment of fire damage to real or personal property caused by the minor as a result of committing the offense of arson, regardless of whether the property is publicly or privately owned.

(2) Nothing in this section shall prohibit a separate criminal action being brought by the State or a civil action being brought by the State or a third party for conduct that constitutes an offense of arson. [L 2006, c 182, §1; am L 2007, c 9, §18 and c 11, §1; am L 2008, c 17, §1]

Cross References

Arson, see chapter 708, pt XIII.

COMMENTARY ON §706-606.2

Act 182, Session Laws 2006, added this section, creating special sentencing considerations for arson. The section allows the assessment of the costs associated with putting out a fire and community service against the person who set the fire. The section also holds a parent or guardian of a minor who sets a brush fire liable for the cost of damages attributable to the minor. The legislature found that making parents and legal guardians of minor defendants liable for damages would be a strong incentive for them to take a more proactive approach in regulating the actions of their children. The section also states that a separate criminal or civil action is not prohibited. Conference Committee Report No. 48-06, House Standing Committee Report No. 1124-06, Senate Standing Committee Report No. 2569.

Act 9, Session Laws 2007, amended this section by deleting the brackets around the word "fine" to ratify the revisor's substitution of the word "fine" for "fire" in the section, and by adding subsection designations to conform to the style of the Hawaii Penal Code. House Standing Committee Report No. 807.

Act 11, Session Laws 2007, amended this section to clarify that special sentencing provisions for arson apply to persons convicted of arson resulting in damage to more than ten thousand square feet of property. The current law states that the damage to property must be exactly ten thousand square feet to qualify for special sentencing considerations. Act 11 provided that the damage be ten thousand square feet or more. House Standing Committee Report No. 773, Senate Standing Committee Report No. 1128.

Act 17, Session Laws 2008, amended subsection (1), clarifying the costs associated with extinguishing a brush fire that a person convicted of arson may be required to pay to include personnel salary, benefits, and overtime; the operation, maintenance, and repair of apparatus, aircraft, and equipment; supplies expended, damaged, or lost; and rehabilitation supplies during firefighting operations. The court lacked guidance as to the costs the court could require an arsonist to pay for starting a brush fire. The legislature found that the Act was just, would reduce the counties' financial burden incurred for firefighting expenses, and would serve as a deterrent to those who would commit arson. House Standing Committee Report No. 1522-08, Senate Standing Committee Report No. 2557.