Legislation/Bills

Hawaii Passes Bill Protecting Process Servers From Trespass

By September 14, 2015 No Comments

process server no trespassingHawaii recently passed HB87 on June 10th, which protects process servers from criminal trespass.

This protection only applies to process servers who are attempting to serve in good faith and does not apply when the premises are surrounded by a locked gate.  The wording of the rule leaves it open to interpretation as it says “unless the land or premises are secured with a fence and locked gate”. If the property only had locked gate which covered the driveway, it appears the server could walk onto the property without using the driveway. If there is a fence which surrounds the property but there is only a latch on the gate, then the server is also able to enter the property without fear of trespass charges.

The rule also indicates the servers must be attempting to serve the owner or occupant of the land or premises, an agent of the owner or a lessee. It is unclear if this rule applies to a server attempting to serve an individual who they know is currently at the location (visiting a friend, staying a few nights temporarily, etc.), but does not fall into any of the previously listed individuals.

Here is the full addition to the rule:

(2)  Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to serve process upon any of the following:

(a)  An owner or occupant of the land or premises;

(b)  An agent of the owner or occupant of the land or premises; or

(c)  A lessee of the land or premises.

“Process server” means any person authorized under the supreme court rules or section 353C-10 to serve process.

 

For the complete bill and text regarding trespass go here.

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