Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Bus Stop Loitering topic
No spam. Unsubscribe anytime.
House committee advances bill to ban loitering near bus stops; public defender warns of criminalization risks
Summary
The committees advanced HB 1486, which would make it disorderly conduct to remain within 20 feet of a bus stop without intent to use it. The Office of the Public Defender opposed the bill, citing constitutional and revolving-door concerns; HPD and some residents supported it. Committees asked the attorney general for further guidance.
A joint hearing of House Human Services and House Health committees moved HB 1486 forward on Jan. 30, 2025. The measure would make it an offense to remain or loiter within 20 feet of a bus stop without intent to use the service.
The Office of the Public Defender told lawmakers it opposes the bill, arguing that using the criminal justice system to address loitering at bus stops risks repeated arrests, court costs and constitutional problems tied to questioning individuals. “We oppose this bill... the criminal justice system is really not geared towards being able to address this problem,” public defender William Bento said.
The Honolulu Police Department supported the bill. Major Randall Platt said HPD stands on written testimony in support and that officers would conduct field interrogations and make decisions based on observations, issuing citations or making arrests where appropriate.
Members heard detailed public testimony from Betsy Kawamura, who described recurring encampment activity at bus stops near her residence and small businesses, saying that residents and businesses shoulder cleanup burdens. “I myself was homeless before. So I'm coming from the perspective of seeing both sides is my experience as being homeless before,” Kawamura told the committees.
Lawmakers pressed offices on operational details. The public defender cautioned that officers asking whether a person intends to use bus services could raise custody and Miranda concerns if the person is not free to leave. Bento warned that such interactions could invite litigation and produce a cycle of arrests that does not connect people to services.
HPD said officers commonly attempt to move people along and that field questioning is a lawful tool: “If the person refuses to answer, gets up, and leaves, then we don't have a violation because they're not remaining or loitering,” Major Platt said.
Committee members raised concerns about neighbor-island enforcement and differences in local capacity; Major Platt said he had not consulted county policing divisions but that officers have discretion to respond to complaints or intervene when observed behavior suggests an offense.
Given the legal concerns raised by the public defender, the committees advanced the bill for further discussion and asked that the attorney general provide guidance for future hearings. The chair indicated she would include committee notes requesting AG input on constitutional issues, enforcement procedures and handling of property.
The committee voted to pass HB 1486 with amendments and to defect the effective date for further work. The recommendation was adopted by recorded vote.
