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Bill

Bill

SB 2128

RELATING TO TRESPASS.

2026 Regular Session Introduced by Lynn DeCoite and 5 co-sponsors

Hawaii bill modifies trespass law; awaits committee review to determine impacts on property rights, land access, and enforcement mechanisms.

Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, Fevella). Excused, 0 (none). Transmitted to House.
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Bill Summary · SB 2128

Legislative bill overview

SB 2128 is a Hawaii bill relating to trespass law that was recently introduced and passed first reading. The bill has been referred to the Water, Land, and Agriculture (WLA) Committee and the Judiciary Committee (JDC) for review, with a public hearing scheduled for February 9, 2026.

Why is this important

Trespass laws directly affect property rights, land access, and enforcement mechanisms in Hawaii—a state where land use is particularly contentious due to limited available land and competing interests between private property owners, Native Hawaiians, public access advocates, and developers. Any modifications to trespass statutes can significantly impact agricultural operations, residential communities, conservation efforts, and cultural practices across the islands.

Potential points of contention

  • Scope of enforcement: Whether the bill expands or restricts what constitutes trespass, potentially affecting hikers, hunters, fishermen, or cultural practitioners accessing land
  • Native Hawaiian access rights: How the bill addresses traditional Hawaiian practices and customary rights to gather resources on certain lands
  • Civil vs. criminal penalties: Changes to penalties may affect both property owners seeking remedies and individuals accused of trespass

Compiled from official sources — confirm details with the bill’s official record.

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