Latest news with #DepartmentofLawEnforcement
Yahoo
6 days ago
- General
- Yahoo
Trooper's tale: From being Tallahassee rescue dog to inspiring Florida law
Florida is protecting its pooches — and cracking down on those who mistreat the four-legged friends. Gov. Ron DeSantis signed two animal rights bills on May 28 at a rescue organization in Palm Beach County. The bills include Trooper's Law, which will make it a crime to restrain animals outside during natural disasters and abandon them. It's named after the bull terrier that captured the attention of people around the state when he was found in chest-high water, tied to a fence off of Interstate 75 during Hurricane Milton. His story got a happy ending when he was adopted by a Parkland couple after being taken to the Leon County Humane Society. The offense would be a third-degree felony, punishable by a fine up to $10,000 or prison time. And he signed Dexter's Law, would require the Department of Law Enforcement to post the names of people who have violated animal cruelty laws online. It's named after a dog found decapitated at Fort DeSoto Beach days after he was adopted from the Pinellas County Animal Shelter, according to NBC affiliate WFLA. DeSantis signed these pieces of legislation at Big Dog Ranch Rescue in Loxahatchee. Florida state trooper Orlando Morales rescued the bull terrier after the pooch was abandoned tied to a pole on I-75 as Hurricane Milton approached Florida. The bills include Trooper's Law, which will make it a crime to restrain animals outside during natural disasters and then abandon them. Trooper was rescued by a Florida state trooper on the side of I-75 near Bruce B Downs Blvd. on the morning of Oct. 9, 2024. Hurricane Milton made landfall on Florida's west coast around 8:30 p.m. that night. Giovanny Aldama Garcia, 23, was identified as the owner of "Trooper," the abandoned dog left tied to a fence standing in a pool of water amid Hurricane Milton evacuations in Florida. Garcia was arrested on Oct. 14, 2024. The following day, State Attorney Suzy Lopez shared in a press release that Garcia was charged with aggravated animal cruelty, after admitting to leaving his dog, formerly known as "Jumbo," on the interstate because he "couldn't find anyone to pick the dog up." He faces up to five years in prison. His case status was unavailable as of May 28. The five-year-old Bull terrier was taken in by the Leon County Humane Society on Oct. 9. Trooper then was placed in a foster care home with owners who had experience with his breed, according to the Leon County Humane Society. In December, Trooper was adopted by Frank and Carla Spina and now lives with new friend Dallas, a seven-year-old mini Bull terrier, in Parkland. Trooper faced multiple health scares, however, and his new family supported him as he underwent successful surgery to remove cancerous tumors. X-rays also found foreign substances inside his stomach. Trooper had about two pounds of rubber and plastic removed, according to specialist veterinary surgeon Randy Dominguez. The Animal Rights Foundation of Florida urges you to call 911 if you witness an animal in a life-threatening situation. It is a crime to abuse or cruelly kill an animal, or to confine an animal without sufficient food, water or exercise in Florida. To report the abuse of wild animals such as illegal hunting or fishing, call the Florida Fish and Wildlife Conservation Commission at (888) 404-3922 or report the incident online. Contributing: Kyla A Sanford, Gabriel Velasquez Neira and Ella Thompson of FRESH TAKE FLORIDA. This article originally appeared on Tallahassee Democrat: Rescued, brought to Tallahassee, 'Trooper' the dog inspires state law
Yahoo
20-05-2025
- Politics
- Yahoo
The revival of an old program delegates Trump immigration enforcement to local police
As part of the Trump administration's push to carry out mass deportations, the agency responsible for immigration enforcement has aggressively revived and expanded a decades-old program that delegates immigration enforcement powers to state and local law enforcement agencies. Under the 287(g) program led by Immigration and Customs Enforcement, police officers can interrogate immigrants in their custody and detain them for potential deportation. Since President Donald Trump took office in January, ICE has rapidly expanded the number of signed agreements it has with law enforcement agencies across the country. The reason is clear. Those agreements vastly beef up the number of immigration enforcement staff available to ICE, which has about 6,000 deportation officers, as they aim to meet Trump's goal of deporting as many of the roughly 11 million people in the country illegally as they can. Here's a look at what these agreements are and what critics say about them: What is a 287(g) agreement and what's the benefit to ICE? These agreements are signed between a law enforcement agency and ICE and allow the law enforcement agency to perform certain types of immigration enforcement actions. There are three different types of agreements. —Under the 'jail services model,' law enforcement officers can screen people detained in jails for immigration violations. —The 'warrant service officer' model authorizes state and local law enforcement officers to comply with ICE warrants or requests on immigrants while they are at their agency's jails. —The 'task force model' gives local officers the ability to investigate someone's immigration status during their routine police duties. These agreements were authorized by a 1996 law, but it wasn't until 2002 that the federal government actually signed one of these agreements with a local agency. The first agreement was with Florida's Department of Law Enforcement. 'The benefit to ICE is that it expands the ability to enforce immigration law across multiple jurisdictions,' said John Torres, who served as acting director of ICE from 2008 to 2009. Earlier in his career, he said, he was assigned to the Los Angeles jail and would interview any foreign citizen who came through the jail to see if they were in the country illegally. But if a jail has a 287(g) agreement with ICE it frees up those agents at the jail to do something else. What's going on with these agreements under the Trump administration? The number of signed agreements has ballooned under Trump in a matter of months. In December of last year, ICE had 135 agreements with law enforcement agencies across 21 states. By May 19, ICE had signed 588 agreements with local and state agencies across 40 states, with an additional 83 agencies pending approval. Roughly half of the pacts are in Florida, where Republican Gov. Ron DeSantis recently announced the arrest of more than 1,100 immigrants in an orchestrated sweep between local and federal officials. Texas, where Republican Gov. Greg Abbott has also allied himself with Trump on immigration, comes in second. Other states topping the list are Georgia and North Carolina. A majority of the agreements are with sheriff's departments, a reflection of the fact that they are largely responsible for running jails in America. But other agencies have also signed the agreements including the Florida and Texas National Guard, the Florida Department of Lottery Services and the Florida Fish and Wildlife Conservation Commission. The expansion of agreements 'has been unprecedented in terms of the speed and the breath,' said Amien Kacou, attorney at the American Civil Liberties Union in Florida. 'ICE under the Trump administration has made a push in every state essentially to have them cooperate," Kacou said. So what are the concerns? Immigrants, and their attorneys and advocates say these agreements can lead to racial profiling and there's not enough oversight. 'If you are an immigrant, or if you sound like an immigrant or you look like an immigrant, you are likely to be detained here in Florida,' said Felipe Sousa-Lazaballet, executive director at Hope Community Center in Apopka, central Florida. These concerns are especially acute over the task force model since those models allow law enforcement officers to carry out immigration enforcement actions as part of their daily law enforcement work. Lena Graber, a senior staff attorney with the Immigrant Legal Resource Center which advocates for immigrants, said that the Obama administration phased out the task force model in 2012 after concerns that law enforcement organizations authorized under it were racially profiling people when making arrests. The first Trump administration considered bringing back that model but ultimately did not, she said. Graber said using this model, the local law enforcement have most of the powers of ICE agents. 'They're functionally ICE agents,' she said. Rights groups say that in areas where 287(g) agreements are in place, people in the country illegally are less likely to reach out to law enforcement authorities when they're victims of or witness to a crime for fear that authorities will turn around and arrest them instead. 'This is finding methods to terrorize communities,' said Katie Blankenship, an immigration attorney and co-founder of Sanctuary of the South. 'They create immigration enforcement and local law enforcement which they are not trained or able to do in any sort of just manner.' Federal authorities and local law enforcement agencies deny those critics and maintain that officers follow the laws when detaining people. 'There is no racial profiling,' said Miami Border Patrol chief agent Jeffrey Dinise at a recent press conference along with Florida and ICE officials. He explained that officers may stop cars after traffic violations. They run the tag plates through immigration systems and can see the legal status of the person, he said. Torres also said that local law enforcement officers operating under 287(g) agreements aren't 'out on an island by themselves.' There's a lot of coordination with ICE agents and the local law enforcement officers. 'They're not asking them to operate independently on their own,' Torres said. How does law enforcement join? Law enforcement agencies nominate officers to participate in the 287(g) program. They have to be U.S. citizens and pass a background check. On its website, ICE has created templates of the forms that law enforcement agencies interested in joining the program can use. The training varies. According to ICE's website, officers in the 'task force model' must complete a 40-hour online course that covers such topics as immigration law, civil rights and liability issues. As of mid-March about 625 officers had been trained under that model, the website said, although that number is likely much higher now as law enforcement agencies are signing up regularly. For the 'jail enforcement model," there's a four week training as well as a refresher course. The Warrant Service Officer model requires eight hours of training. Austin Kocher, a researcher at Syracuse University in New York who focuses on immigration affairs, said that training has always been a challenge for the 287(g) program. It's expensive and often a strain on small departments to send them to a training center, so the training has gotten progressively shorter, he said.
Hamilton Spectator
20-05-2025
- Politics
- Hamilton Spectator
The revival of an old program delegates Trump immigration enforcement to local police
As part of the Trump administration's push to carry out mass deportations, the agency responsible for immigration enforcement has aggressively revived and expanded a decades-old program that delegates immigration enforcement powers to state and local law enforcement agencies. Under the 287(g) program led by Immigration and Customs Enforcement , police officers can interrogate immigrants in their custody and detain them for potential deportation . Since President Donald Trump took office in January, ICE has rapidly expanded the number of signed agreements it has with law enforcement agencies across the country. The reason is clear. Those agreements vastly beef up the number of immigration enforcement staff available to ICE, which has about 6,000 deportation officers, as they aim to meet Trump's goal of deporting as many of the roughly 11 million people in the country illegally as they can. Here's a look at what these agreements are and what critics say about them: What is a 287(g) agreement and what's the benefit to ICE? These agreements are signed between a law enforcement agency and ICE and allow the law enforcement agency to perform certain types of immigration enforcement actions. There are three different types of agreements. —Under the 'jail services model,' law enforcement officers can screen people detained in jails for immigration violations. —The 'warrant service officer' model authorizes state and local law enforcement officers to comply with ICE warrants or requests on immigrants while they are at their agency's jails. —The 'task force model' gives local officers the ability to investigate someone's immigration status during their routine police duties. These agreements were authorized by a 1996 law, but it wasn't until 2002 that the federal government actually signed one of these agreements with a local agency. The first agreement was with Florida's Department of Law Enforcement. 'The benefit to ICE is that it expands the ability to enforce immigration law across multiple jurisdictions,' said John Torres, who served as acting director of ICE from 2008 to 2009. Earlier in his career, he said, he was assigned to the Los Angeles jail and would interview any foreign citizen who came through the jail to see if they were in the country illegally. But if a jail has a 287(g) agreement with ICE it frees up those agents at the jail to do something else. What's going on with these agreements under the Trump administration? The number of signed agreements has ballooned under Trump in a matter of months. In December of last year, ICE had 135 agreements with law enforcement agencies across 21 states. By May 19, ICE had signed 588 agreements with local and state agencies across 40 states, with an additional 83 agencies pending approval. Roughly half of the pacts are in Florida, where Republican Gov. Ron DeSantis recently announced the arrest of more than 1,100 immigrants in an orchestrated sweep between local and federal officials. Texas, where Republican Gov. Greg Abbott has also allied himself with Trump on immigration, comes in second. Other states topping the list are Georgia and North Carolina. A majority of the agreements are with sheriff's departments, a reflection of the fact that they are largely responsible for running jails in America. But other agencies have also signed the agreements including the Florida and Texas National Guard, the Florida Department of Lottery Services and the Florida Fish and Wildlife Conservation Commission. The expansion of agreements 'has been unprecedented in terms of the speed and the breath,' said Amien Kacou, attorney at the American Civil Liberties Union in Florida. 'ICE under the Trump administration has made a push in every state essentially to have them cooperate,' Kacou said. So what are the concerns? Immigrants, and their attorneys and advocates say these agreements can lead to racial profiling and there's not enough oversight. 'If you are an immigrant, or if you sound like an immigrant or you look like an immigrant, you are likely to be detained here in Florida,' said Felipe Sousa-Lazaballet, executive director at Hope Community Center in Apopka, central Florida. These concerns are especially acute over the task force model since those models allow law enforcement officers to carry out immigration enforcement actions as part of their daily law enforcement work. Lena Graber, a senior staff attorney with the Immigrant Legal Resource Center which advocates for immigrants, said that the Obama administration phased out the task force model in 2012 after concerns that law enforcement organizations authorized under it were racially profiling people when making arrests. The first Trump administration considered bringing back that model but ultimately did not, she said. Graber said using this model, the local law enforcement have most of the powers of ICE agents. 'They're functionally ICE agents,' she said. Rights groups say that in areas where 287(g) agreements are in place, people in the country illegally are less likely to reach out to law enforcement authorities when they're victims of or witness to a crime for fear that authorities will turn around and arrest them instead. 'This is finding methods to terrorize communities,' said Katie Blankenship, an immigration attorney and co-founder of Sanctuary of the South. 'They create immigration enforcement and local law enforcement which they are not trained or able to do in any sort of just manner.' Federal authorities and local law enforcement agencies deny those critics and maintain that officers follow the laws when detaining people. 'There is no racial profiling,' said Miami Border Patrol chief agent Jeffrey Dinise at a recent press conference along with Florida and ICE officials. He explained that officers may stop cars after traffic violations. They run the tag plates through immigration systems and can see the legal status of the person, he said. Torres also said that local law enforcement officers operating under 287(g) agreements aren't 'out on an island by themselves.' There's a lot of coordination with ICE agents and the local law enforcement officers. 'They're not asking them to operate independently on their own,' Torres said. How does law enforcement join? Law enforcement agencies nominate officers to participate in the 287(g) program. They have to be U.S. citizens and pass a background check. On its website, ICE has created templates of the forms that law enforcement agencies interested in joining the program can use. The training varies. According to ICE's website , officers in the 'task force model' must complete a 40-hour online course that covers such topics as immigration law, civil rights and liability issues. As of mid-March about 625 officers had been trained under that model, the website said, although that number is likely much higher now as law enforcement agencies are signing up regularly. For the 'jail enforcement model,' there's a four week training as well as a refresher course. The Warrant Service Officer model requires eight hours of training. Austin Kocher, a researcher at Syracuse University in New York who focuses on immigration affairs, said that training has always been a challenge for the 287(g) program. It's expensive and often a strain on small departments to send them to a training center, so the training has gotten progressively shorter, he said.
Winnipeg Free Press
20-05-2025
- Politics
- Winnipeg Free Press
The revival of an old program delegates Trump immigration enforcement to local police
As part of the Trump administration's push to carry out mass deportations, the agency responsible for immigration enforcement has aggressively revived and expanded a decades-old program that delegates immigration enforcement powers to state and local law enforcement agencies. Under the 287(g) program led by Immigration and Customs Enforcement, police officers can interrogate immigrants in their custody and detain them for potential deportation. Since President Donald Trump took office in January, ICE has rapidly expanded the number of signed agreements it has with law enforcement agencies across the country. The reason is clear. Those agreements vastly beef up the number of immigration enforcement staff available to ICE, which has about 6,000 deportation officers, as they aim to meet Trump's goal of deporting as many of the roughly 11 million people in the country illegally as they can. Here's a look at what these agreements are and what critics say about them: What is a 287(g) agreement and what's the benefit to ICE? These agreements are signed between a law enforcement agency and ICE and allow the law enforcement agency to perform certain types of immigration enforcement actions. There are three different types of agreements. —Under the 'jail services model,' law enforcement officers can screen people detained in jails for immigration violations. —The 'warrant service officer' model authorizes state and local law enforcement officers to comply with ICE warrants or requests on immigrants while they are at their agency's jails. —The 'task force model' gives local officers the ability to investigate someone's immigration status during their routine police duties. These agreements were authorized by a 1996 law, but it wasn't until 2002 that the federal government actually signed one of these agreements with a local agency. The first agreement was with Florida's Department of Law Enforcement. 'The benefit to ICE is that it expands the ability to enforce immigration law across multiple jurisdictions,' said John Torres, who served as acting director of ICE from 2008 to 2009. Earlier in his career, he said, he was assigned to the Los Angeles jail and would interview any foreign citizen who came through the jail to see if they were in the country illegally. But if a jail has a 287(g) agreement with ICE it frees up those agents at the jail to do something else. What's going on with these agreements under the Trump administration? The number of signed agreements has ballooned under Trump in a matter of months. In December of last year, ICE had 135 agreements with law enforcement agencies across 21 states. By May 19, ICE had signed 588 agreements with local and state agencies across 40 states, with an additional 83 agencies pending approval. Roughly half of the pacts are in Florida, where Republican Gov. Ron DeSantis recently announced the arrest of more than 1,100 immigrants in an orchestrated sweep between local and federal officials. Texas, where Republican Gov. Greg Abbott has also allied himself with Trump on immigration, comes in second. Other states topping the list are Georgia and North Carolina. A majority of the agreements are with sheriff's departments, a reflection of the fact that they are largely responsible for running jails in America. But other agencies have also signed the agreements including the Florida and Texas National Guard, the Florida Department of Lottery Services and the Florida Fish and Wildlife Conservation Commission. The expansion of agreements 'has been unprecedented in terms of the speed and the breath,' said Amien Kacou, attorney at the American Civil Liberties Union in Florida. 'ICE under the Trump administration has made a push in every state essentially to have them cooperate,' Kacou said. So what are the concerns? Immigrants, and their attorneys and advocates say these agreements can lead to racial profiling and there's not enough oversight. 'If you are an immigrant, or if you sound like an immigrant or you look like an immigrant, you are likely to be detained here in Florida,' said Felipe Sousa-Lazaballet, executive director at Hope Community Center in Apopka, central Florida. These concerns are especially acute over the task force model since those models allow law enforcement officers to carry out immigration enforcement actions as part of their daily law enforcement work. Lena Graber, a senior staff attorney with the Immigrant Legal Resource Center which advocates for immigrants, said that the Obama administration phased out the task force model in 2012 after concerns that law enforcement organizations authorized under it were racially profiling people when making arrests. The first Trump administration considered bringing back that model but ultimately did not, she said. Graber said using this model, the local law enforcement have most of the powers of ICE agents. 'They're functionally ICE agents,' she said. Rights groups say that in areas where 287(g) agreements are in place, people in the country illegally are less likely to reach out to law enforcement authorities when they're victims of or witness to a crime for fear that authorities will turn around and arrest them instead. 'This is finding methods to terrorize communities,' said Katie Blankenship, an immigration attorney and co-founder of Sanctuary of the South. 'They create immigration enforcement and local law enforcement which they are not trained or able to do in any sort of just manner.' Federal authorities and local law enforcement agencies deny those critics and maintain that officers follow the laws when detaining people. 'There is no racial profiling,' said Miami Border Patrol chief agent Jeffrey Dinise at a recent press conference along with Florida and ICE officials. He explained that officers may stop cars after traffic violations. They run the tag plates through immigration systems and can see the legal status of the person, he said. Torres also said that local law enforcement officers operating under 287(g) agreements aren't 'out on an island by themselves.' There's a lot of coordination with ICE agents and the local law enforcement officers. 'They're not asking them to operate independently on their own,' Torres said. How does law enforcement join? Law enforcement agencies nominate officers to participate in the 287(g) program. They have to be U.S. citizens and pass a background check. On its website, ICE has created templates of the forms that law enforcement agencies interested in joining the program can use. The training varies. According to ICE's website, officers in the 'task force model' must complete a 40-hour online course that covers such topics as immigration law, civil rights and liability issues. As of mid-March about 625 officers had been trained under that model, the website said, although that number is likely much higher now as law enforcement agencies are signing up regularly. For the 'jail enforcement model,' there's a four week training as well as a refresher course. The Warrant Service Officer model requires eight hours of training. Austin Kocher, a researcher at Syracuse University in New York who focuses on immigration affairs, said that training has always been a challenge for the 287(g) program. It's expensive and often a strain on small departments to send them to a training center, so the training has gotten progressively shorter, he said.
Yahoo
19-05-2025
- Politics
- Yahoo
New fireworks legislation after New Year's Eve disaster
Deputy Attorney General Tricia Nakamatsu joins producer/host Coralie Chun Matayoshi to discuss key bills passed this legislative session to enhance law enforcement's ability to apprehend buyers and sellers of illegal fireworks, enable more successful prosecution of violators, and increase penalties for repeat offenders and those whose violations result in serious or substantial harm or death. The Governor's deadline to veto any of the bills passed is July 9, New Year's Eve, the deadliest fireworks disaster in Hawaii's history occurred. Six people died in two separate incidents, including a 3-year-old child. Over two dozen others were left disfigured and face long, difficult roads to recovery. Although aerial fireworks have been illegal statewide for 30 years (except by license or permit), dozens of people are treated for fireworks-related injuries every New Year's, and more throughout the year, in emergency rooms across the state. 7 tips to get your family safely through Hawaiʻi's hurricane season Q. Because of tragedies like this, an interagency Illegal Fireworks Task Force was created within the Department of Law Enforcement in 2023 (Act 67), to detect and seize illegal fireworks. Funding for the Task Force was due to sunset so the Legislature this year extended it until 2030. I want to talk about legislation that was passed this year to help catch buyers and sellers of illegal fireworks. First, what are illegal fireworks – and let's focus on consumer fireworks that people set off on New Years Eve. Consumer fireworks are basically things that stay on or near the ground, sparklers, and firecrackers like the type used for Chinese cultural events. In Maui, Kauai, and Hawaii Counties, anyone with a permit can legally use these for 4 hours, from 9pm on New Year's Eve to 1am New Year's Day. Under a new law that may go into effect this year, each person will be limited to 50 permits per year. On Oahu, the City & County ordinances are much more restrictive about consumer fireworks, so only firecrackers are allowed. Q. Walk me through typical scenarios of how law enforcement catches people setting off illegal fireworks. If someone personally witnesses what they believe to be illegal fireworks being set off, they can call 911 to report it, and the responding officer will most likely take a written statement, ask witnesses to identify the person that did it, and try to collect any additional evidence such as videos (HRS 132D-20) or physical evidence. But in order for the case to be prosecuted, a witness must be willing to testify in court, if the case ends up going to trial. Because many people in the community are reluctant to do this, I believe most fireworks cases rely on law enforcement officers who personally witnessed the illegal activity. Q. A 2023 investigation by a news organization found that between 2018 and 2022, 94% of the citations on Oahu ended in dismissal or dropped prosecutions and the 15 successful cases generated only $1,000 in fines. What are the obstacles to prosecuting violators under the current law and how might these obstacles be overcome by bills just passed by the Legislature? Definitions – Current definitions for the terms 'fireworks' and 'aerial device' are very technical, requiring prosecutors to prove that the fireworks contained 130 milligrams or less of explosive material, and that it met certain federal parameters. There are a number of reasons why this is challenging, but it's particularly difficult when fireworks are set off and destroyed in the blast. HB 1483 adds alternative definitions that are more common sense, so an aerial device could basically be anything that 'rises more than twelve feet into the air' after being set off, then 'explodes…in the air, shoots or emits flaming balls, or shoots or emits sparks.' Standard of proof – Another issue that presented challenges in some fireworks cases was having to prove the case 'beyond a reasonable doubt.' Again, if the fireworks already exploded, and there's no physical evidence collected, it's very difficult to reach that level of certainty & meet the legal requirements for a criminal conviction. HB 1483 creates the first non-criminal fireworks offenses in Hawaii—fireworks infractions—which have no possible jail, can only result in a fine, and have a much lower standard of proof in court, called preponderance of evidence. That basically means it's more likely than not that the offense occurred. Another benefit of fireworks infractions is that they can be issued by law enforcement officers very quickly and easily, with just a citation, if the officer witnessed the incident themselves. And they'll probably be processed by the courts much faster too, because they'll be handled like traffic tickets, where people can just mail-in their fine, mail-in a written explanation, or request a hearing with the judge. Of course, the bill also increases a lot of penalties and creates or expands a number of offenses, so we hope that will serve as a deterrent to illegal fireworks as well. Q. Will HB 1483 increase the penalties for buying, selling, or setting off illegal fireworks? Consumer fireworks – Yes and no. Buying or setting off consumer fireworks without a permit will technically be a lower penalty, because that'll be an infraction now with a $200 fine. Importing, storing or distributing – But importing, storing, or distributing consumer fireworks or aerials without a permit, will either be a class C felony—up to 5 years in prison and/or up to $10,000 fine—or if it involves 25 pounds or more, that will be a class B felony, which means up to 10 years prison and/or $25,000 fine. Class C Felony – punishable by up to 5-year maximum prison sentence and no more than $10,000 fine. Distribution to a minor is a Class C felony. Class B Felony – if total weight of aerial is 25 lbs. or more. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine. Buying or setting off aerials – Buying or setting off aerials without a permit would now range from an infraction—which is subject to a $300 fine—all the way up to a class B felony which can get up to 10 years prison and/or up to $25,000 fine, depending on the weight of the fireworks. $300 fine – if total weight of aerial is less than 5 lbs. or cannot be determined. Lower standard of proof (more likely than not versus beyond a reasonable doubt). Akin to a traffic ticket. Misdemeanor – if the total weight of aerial is 5 lbs. or more. Punishable by up to 1 year in prison and/or $2,000 fine. Class C Felony – if the total weight of aerial is less than 25 lbs. or more. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine. Class B Felony – if the total weight of aerial is 50 lbs. or more. Punishable by up to 10-year maximum prison sentence and no more than $25,000 fine. Increased penalties for repeat offenders, serious/substantial injury or death –HB 1483 also does something very unusual, by increasing all of these criminal penalties—across the board—if those fireworks cause any major injuries, such as second-degree burns, broken bones, or serious permanent disfigurement, or if someone dies as a result of those fireworks. So, offenders could potentially be charged with a class A felony, which is subject to up to 20 years in prison and/or up to $50,000 fine. That applies to everyone in the chain, including anyone who illegally imported, distributed, stored, purchased, or set off those fireworks. There's also increased penalties for repeat offenders who had a prior fireworks conviction within the past ten years. Violators shall be guilty of the offense one class or grade higher if convicted one or more times for any offense under HRS 132D within 10 years or the fireworks cause substantial bodily injury Violators shall be guilty of the offense two classes or grades higher if the fireworks cause serious bodily injury or death. Q. So in order to increase the penalties, the Prosecutor just has to prove that the person had a prior conviction within 10 years of the current conviction or that the fireworks caused serious or substantial injury or death? All of the increased penalties mentioned above would require some additional proof (i.e. proof that the person actually had prior fireworks convictions, or that the fireworks connected to their illegal actions actually caused the injuries or death), but it would not have to be proven that the offender knew that would be the result. Q. What about violators with multiple infractions – are they subject to increased penalties too? Infractions will not be subject to any of these increased penalties, because infractions are not crimes, so they're on a separate track. However, HB 1483 does expand an existing crime that prohibits setting off aerials less than 500 feet from a hotel…so now it will be a misdemeanor (up to 1 year jail and/or up to $2,000 fine) to set off aerials less than 500 feet from any dwelling (e.g., house) unless you have a permit. If you're a repeat fireworks offender, that becomes a class C felony. If someone suffers substantial bodily injury, it's a class B felony. And if someone suffers serious bodily injury or death, that could be charged as a class A felony. Q. What about liability for property owners, managers, and renters who allow people to set off or store illegal fireworks on their property? I can only speak to criminal liability, and HB 1483 expands that as well, making it a petty misdemeanor (up to 30 days in jail and/or $1,000 fine) to allow anyone to set off aerials from your property without a permit. If you allow others to store aerial devices on your property, that will be a misdemeanor, which can get up to 1 year in jail and/or $2,000 fine. If you allow them to store more than 25 pounds of aerials on your property, that will be a class C felony. In addition, these offenses also qualify for increased penalties if you have a prior fireworks conviction in the past ten years, or if anyone suffers major injuries or death as a result of those fireworks. So, under very bad circumstances, allowing someone to store illegal fireworks on your property could actually result in a class A felony, which can get up to 20 years in prison and/or up to $50,000 fine. H.R.S. Section 132D-14.5 [became law in 2019] – a homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in violation of this chapter and shall be subject to the penalties as those who possess or set the fireworks off. HB 1438 adds 'negligently' and increases penalties for violators: Petty Misdemeanor – Punishable by up to 30 days in jail and $1,000 fine. Misdemeanor – allows aerial devices, articles of pyrotechnic, display fireworks or pyrotechnic composition to be stored in the real property without a license. Punishable by up to 1 year in jail. Class C Felony – allows 25 lbs. or more of aerial devices, articles of pyrotechnic, display fireworks or pyrotechnic composition to be stored in the real property without a license. Punishable by up to 5-year maximum prison sentence and no more than $10,000 fine. HB 1438 increases penalties for all habitual offenders Violators shall be guilty of the offense one class or grade higher if convicted one or more times for any offense under HRS 132D within 10 years or the fireworks cause substantial bodily injury Violators shall be guilty of the offense two classes or grades higher if the fireworks cause serious bodily injury or death. Q. Is there any criminal liability for parents and guardians of minors who knowingly allow them to possess, purchase or set off fireworks? In general, distribution of fireworks (consumer fireworks or aerials) to a minor will be a class C felony. There is an exception for parents or guardians who allow minors under their care to use consumer fireworks, as long as the minor is under the immediate supervision of an adult. Other than this exception, however, any parent and guardian who knowingly allow their minor to purchase, possess, or set off aerials or consumer fireworks: Misdemeanor – punishable by up to 1 year in prison and/or up to $2,000 fine. Class C Felony – if fireworks cause substantial bodily injury. Punishable by up to 5 years prison and/or up to $10,000 fine. Class B Felony – if fireworks cause serious bodily injury or death. Punishable by up to 10 years prison and/or up to $25,000 fine. Q. Twelve people were arrested in connection with the Aliamanu New Year's Eve blast, for various felonies including first degree endangering the welfare of a minor. No charges have yet been filed. If the case results in convictions, can the defendants receive higher sentences as outlined in the legislation that just passed (assuming the Governor signs it into law)? As with many bills, HB 1483 has a savings clause that expressly prohibits these new laws from being used retroactively. Q. Was any other legislation passed this year to help catch people who possess or set off illegal fireworks and make it easier to prosecute them? HB 806 – Provides funding to the State Department of Law Enforcement, to conduct fireworks sting operations and establish an explosives and firearms laboratory. Sting operations can be effective in apprehending buyers and sellers, and may also deter illegal activity, because one of the parties could be an undercover officer. Having an in-state explosives laboratory would also help to prosecute certain types of fireworks cases. HB 550 – Allows drone footage made by law enforcement agencies to be used to establish probable cause in arrests, for fireworks offenses, if the drone was directly above public property and the act leading to the arrest was committed on public property. To learn more about this subject, tune into this video 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
