§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 fire
fighting 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 §§708-8251 to 8254.



 



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.