reglab/housing_qa huggingface dataset:
HI Rev Stat § 712-1255 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1255 Conditional discharge.

  §712-1255 Conditional discharge. (1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.  (2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.  (3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.  (4) There may be only one discharge and dismissal under this section with respect to any person.  (5) After conviction, for any offense under this chapter or chapter 329, but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense. If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions. The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted. If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted. [L 1972, c 9, pt of §1; am L 1987, c 176, §10; gen ch 1993] Case Notes  Conditional discharge procedures are not applicable to offense under §712-1247(1)(e), which is not included among the offenses listed in this section. 58 H. 412, 570 P.2d 1323 (1977).  Conditional discharge of defendant under this section is not a final disposition of the case appealable by the State. 60 H. 576, 592 P.2d 832 (1979).  Order granting belated motion for reconsideration or correction of sentence and conditional discharge under section is not a reversal of criminal conviction for purposes of Hawaii Supreme Court rule 2.13 (attorneys convicted of crimes). 73 H. 172, 829 P.2d 1329 (1992).
HI Rev Stat § 712-1256 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1256 Expunging of court records.

  §712-1256 Expunging of court records. (1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person's arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.  (2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.  (3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.  (4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON § §712-1253 TO 712-1256  Section 712-1253 assures that the penalty provisions of this part as well as of chapter 329, HRS will not be in lieu of any civil penalties. This is an addition to the proposed draft.  Section 712-1254 is a double jeopardy provision which represents an addition to the proposed draft.  Section 712-1255 is concerned with the conditional discharge of first offenders. If a first offender is guilty of promoting a dangerous drug in the third degree, or promoting a harmful drug in the second or third degrees, or promoting a detrimental drug in the second or third degrees, or promoting intoxicating compounds, the first offender qualifies for a conditional discharge.  If the defendant is under 20 years old, §712-1256 provides that the court records may be expunged upon application. The Code recognizes that many offenders may be young persons who are otherwise without criminal records. The Code attempts to assure proper sanctions, while at the same time allowing for moderation of punishment and sentencing of first offenders.
HI Rev Stat § 712-1257 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1257 Prohibited cigarette sales of less than twenty.

  §712-1257 Prohibited cigarette sales of less than twenty. (1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufacturer and bearing the health warning required by law.  (2) As used in this section, "to sell" includes: to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in.  (3) "Sale" includes every act of selling as defined in [subsection (2)].  (4) Any person who violates subsection (1), shall be fined not more than $2,500 for the first offense. Any subsequent offense shall subject the person to a fine of not less than $100 and not more than $5,000. Any person who knowingly violates subsection (1) shall be guilty of a class C felony. [L 1996, c 53, §1; am L 2000, c 201, §2] Cross References  Sale of tobacco or electronic smoking device to minors, see §709-908. COMMENTARY ON §712-1257  Act 53, Session Laws 1996, added this section to prohibit the sale of single cigarettes or cigarettes in packs of less than twenty and in other than in sealed packages originating with the manufacturer and bearing the required health warning. The legislature found that the sale of cigarettes in amounts of less than twenty was specifically aimed at minors. The legislature sought to prevent the distribution of cigarettes to minors through quantity and price control. House Standing Committee Report No. 924-96, Senate Standing Committee Report No. 2013.  Act 201, Session Laws 2000, amended this section by increasing to a class C felony the penalty for anyone who knowingly sells single cigarettes or packs of cigarettes containing less than twenty cigarettes. Conference Committee Report No. 108.
HI Rev Stat § 712-1260 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1260 REPEALED.

 §712-1260 REPEALED. L 2020, c 14, §6.
HI Rev Stat § 712-1270 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance.

  §712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance. Every building, premises, or place used for the purpose of violating:  (1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);  (2) Section 132D-14(a)(1) or (3); or  (3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim, and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), or (3) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance. [L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996, c 246, §1; am L 2010, c 136, §4; am L 2015, c 80, §2; am L 2016, c 154, §1] Case Notes  Cannot be used to abate gambling offenses. 5 H. App. 463, 701 P.2d 175 (1985).
HI Rev Stat § 712-1270.3 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1270.3 Citizen's rights.

  §712-1270.3 Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:  (1) Fireworks related offenses contained in section 132D-14(a)(1) or (3); or  (2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general, shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D. [L 2004, c 44, §25; am L 2010, c 136, §5]
HI Rev Stat § 712-1270.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1270.5 Injunctions against persons. Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists. [L 1998, c 286, §1; am L 2005, c 123, §2]

 §712-1270.5  Injunctions against persons. Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists. [L 1998, c 286, §1; am L 2005, c 123, §2]
HI Rev Stat § 712-1271 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1271 Suit to abate.

  §712-1271 Suit to abate. (1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any citizen of the State residing within such county may in the citizen's own name, or any organization, including, but not limited to a tenant organization within such county may in the organization's own name, maintain a suit to abate and prevent the nuisance and to perpetually enjoin the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, or the owner, lessee, or agent of the building, premises, or place in or upon which the nuisance exists from directly or indirectly causing, maintaining, aiding, abetting, or permitting the nuisance.  (2) No action authorized under this part which seeks to abate or prevent a nuisance shall be filed or maintained against the State or any political subdivision thereof. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §2; am L 1998, c 286, §2; am L 2005, c 123, §3]
HI Rev Stat § 712-1271.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1271.5 Standard of proof.

  §712-1271.5 Standard of proof. Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence. [L 2005, c 123, pt of §1]
HI Rev Stat § 712-1271.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1271.6 Protective order.

  §712-1271.6 Protective order. If proof of the existence of the nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses who are not law enforcement officers, the court, upon a showing of prior threats of violence or acts of violence by any defendant may issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name, address, or any other information that may identify those witnesses. [L 2005, c 123, pt of §1]
HI Rev Stat § 712-1272 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1272 Temporary writ.

  §712-1272  Temporary writ. Whenever the existence of a nuisance is shown in a suit brought under this part to the satisfaction of the court or the judge thereof, either by verified petition or affidavit, or both, the court or judge thereof shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance, which injunction may include a provision prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The petition in such suit need not be verified, except in those suits brought by a citizen in the citizen's own name, or those suits brought by an organization in its own name, but shall be signed by the party bringing the same and shall include a certification that the complainant believes the allegations of the petition to be true. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §3; am L 2005, c 123, §4]
HI Rev Stat § 712-1273 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1273 Suit to have precedence.

  §712-1273  Suit to have precedence. The suit when brought shall have precedence over all cases, excepting criminal proceedings, election contests, and hearings on injunctions, and in the suit evidence of the general reputation of the building, premises, place, or persons, and of the use or threat of violence shall be admissible for the purpose of proving the existence of the nuisance. [L 1979, c 181, pt of §2; am L 1996, c 246, §4; am L 1998, c 286, §3; am L 2005, c 123, §5]
HI Rev Stat § 712-1274 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1274 Failure to prosecute.

  §712-1274 Failure to prosecute. If the petition is filed by a citizen or by an organization, it shall not be dismissed by the complainant or for want of prosecution except upon a sworn statement by the complainant or the complainant's attorney, setting forth the reasons why the suit should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such suit with reasonable diligence, or at the request of the complainant, the court, in its discretion, may substitute any other citizen or organization, including, but not limited to the attorney general or the prosecutor or prosecuting attorney of the county consenting thereto for the complainant. If a suit is brought by a citizen or by an organization and the court finds that there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen or organization, except that no costs shall be taxed against state or county organizations. [L 1979, c 181, pt of §2; am L 1996, c 246, §5]
HI Rev Stat § 712-1275 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1275 Order of abatement.

  §712-1275  Order of abatement. If the existence of a nuisance is established in a suit as provided herein, an order of abatement shall be entered as a part of the judgment in the case, which order shall include a provision permanently prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, if said person or persons are a party to the proceeding, from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The court, on the application of the person, may suspend the prohibition if the person is participating in a court-approved treatment and monitoring program which addresses the person's conduct which caused the nuisance. If the court determines that the person has successfully completed the program and that the person is not likely to again create a nuisance, the court may dissolve the injunction against the person. In the event that the court determines that an injunction against the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance will not completely abate the nuisance or that one or more of the persons causing, maintaining, aiding, abetting, or permitting the nuisance are not parties to the proceeding, the court shall also direct the effectual closing of the building, premises, or place, against its use for any purpose, and that it be kept closed for a period not exceeding one year, unless sooner released, as provided by section 712-1277. While the order remains in effect as to closing, the building, premises, or place shall remain in the custody of the court. The court's orders may also include, but are not limited to, an order suspending or revoking any business, professional, operational, or liquor license. [L 1979, c 181, pt of §2; am L 1996, c 246, §6; am L 2005, c 123, §6]
HI Rev Stat § 712-1276 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1276 Costs and expenses.

  §712-1276  Costs and expenses. For any attorneys' fees, costs, or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the attorneys' fees, costs, and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court. [L 1979, c 181, pt of §2; am L 1996, c 246, §7; am L 2004, c 44, §27; am L 2005, c 123, §7]
HI Rev Stat § 712-1277 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1277 Owner not guilty of contempt; may pay costs.

  §712-1277 Owner not guilty of contempt; may pay costs. If the owner of the building, premises, or place has not been guilty of any criminal contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are a lien on the building, premises, or place and files a bond in a reasonable amount to be fixed by the court, with sureties, to be approved by the court or judge, conditioned that the owner will immediately abate any such nuisance that may exist at such building, premises, or place and prevent the same from being established or kept thereat for a period of one year thereafter, the court or the judge thereof, may, if satisfied of the owner's good faith, order the building, premises, or place closed under the order of abatement canceled so far as the same may relate to the closing of said building, premises, or place. The release of the building, premises, or place under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject by law. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §8]
HI Rev Stat § 712-1277.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1277.5 Contempt.

  §712-1277.5 Contempt. Any person who knowingly violates any order issued pursuant to this part shall be subject to civil contempt as well as punishment for criminal contempt of court under section 710-1077. Nothing in this section shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense. [L 2005, c 123, pt of §1]
HI Rev Stat § 712-1278 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1278 Fine, costs, lien on place.

  §712-1278 Fine, costs, lien on place. Any attorneys' fees, costs, expenses, and fines imposed against any owner of a business, premises or place in any proceedings under this part shall be a lien upon such business, premises, or place, to the extent of the interest of such person therein, enforceable and collectible by execution issued by the order of the court. [L 1979, c 181, pt of §2; am L 1996, c 246, §9; am L 2004, c 44, §28]
HI Rev Stat § 712-1279 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1279 Termination of lease.

  §712-1279 Termination of lease. The notice by the owner of any business, premises, or place to the lessee that the lease will be revoked if the lessee continues the maintenance of the nuisance, and other action taken to revoke the lease or to obtain the termination of the nuisance shall be given appropriate consideration by the court in the determination of a criminal contempt action brought against the owner in connection with abatement procedures of this part. [L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §10]
HI Rev Stat § 712-1280 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1280 Place.

  §712-1280 Place. "Place" as used in this part means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. [L 1979, c 181, pt of §2; am L 1996, c 246, §11]
HI Rev Stat § 712A-2 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-2 Jurisdiction.

  §712A-2 Jurisdiction. (1) The State may commence an in rem proceeding in the circuit court if the property for which forfeiture is sought is within this State at the time of the filing of the action.  (2) The State may commence a civil in personam proceeding in the circuit court if the courts of this State have in personam jurisdiction of an owner of or interest-holder in the property.  (3) The State may commence a criminal in personam proceeding in the court which has in personam jurisdiction of an owner of or interest-holder in the property. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1994, c 178, §2; am L 1996, c 104, §6] COMMENTARY ON §712A-2  Act 178, Session Laws 1994, amended this section to specify when the State may commence in rem, civil in personam, and criminal in personam proceedings. The legislature recognized the importance of complying with federal case law pertaining to due process and of ensuring that the statutes are as clear as possible on the circumstances and procedures surrounding forfeiture. Conference Committee Report No. 27.
HI Rev Stat § 712A-3 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712A. Forfeiture|712A-3 Venue.

  §712A-3 Venue. An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an owner or interest-holder could be complained against for the conduct alleged to give rise to the forfeiture of the property. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1993, c 196, §1; am L 1996, c 104, §6]