(BIVN) – A bill making its way through the State Legislature will increase criminal penalties for starting a fire during a Red Flag Warning period in Hawaiʻi.

According to the description of House Bill 1842 (HD1), the measure:

Increases the maximum fine for violations of the fire protection laws. Specifies that each day a violation exists or continues to exist shall constitute a distinct and separate offense. Raises the criminal penalty for the offense of arson in the fourth degree to a class C felony if the offense was committed during the time period and within the geographic area in which a red flag warning was in effect. Provides that the state of mind requirement is not applicable to the fact that the red flag warning was in effect and that the actor is strictly liable with respect to the attendant circumstance that the red flag warning was in effect. Effective 7/1/3000. (HD1)

The bill has already been passed through the House of Representatives and has been referred to the Senate Committee on Public Safety and Intergovernmental and Military Affairs, as well as the Committee on Judiciary. A hearing is scheduled for Monday, March 11th. 

On behalf of the Hawaiʻi State Fire Council as chair, Hawaiʻi County Fire Chief Kazuo Todd testified in support of the bill.

“Increased monetary penalties will generate more serious attention to fire code violations and lead to improved compliance,” Todd wrote in testimony that was repeated by other state fire officials in support of the measure. “Class C felony provisions for arson during red flag days provide the necessary deterrence for violations during red flag conditions, which due to a combination of warm temperatures, very low humidity, and stronger winds can combine to produce a higher risk of fire danger, up to and including conflagrations.”

The Hawaiʻi Department of Land and Natural Resources also supported the measure. From the testimony of DLNR Chair Dawn Chang:

Over 99% percent of fires in Hawai‘i are human caused. In the University of Hawai‘i’s review of 12,000 fires, 800 had a determined cause, and 20% of those fires were suspected arson. Determining the cause of fires, particularly arson, is crucial to ensuring accountability for the destruction of properties, environments, and injury or death. Effective fire investigation is also extremely important for insurance claims. Raising the penalties for arson in the state while also reinstating the Office of the Fire Marshal and empowering the Marshal’s office to investigate fires and arrest suspects, is a necessary step towards ensuring the safety and protection of Hawai‘i’s communities, rangelands, and forested watersheds.