SB 2893

THE SENATE
S.B. NO.
2893
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to gambling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The legislature finds that social gambling
may be harmful to residential neighborhoods in which it takes place.� For example, gambling activities in private
homes may lead neighbors to complain about excess noise.� The legislature believes that the affirmative
defense of social gambling should not be available to a defendant if the
defendant's gambling activities cause repeated noise complaints that disturb
neighbors and monopolize police resources.
���� Accordingly, the purpose of this Act
is to provide that a defendant may not assert social gambling as an affirmative
defense if the gambling activity occurred at the defendant's residence and
gambling activities have resulted in multiple recent documented noise
complaints.
���� SECTION 2.� Section
712-1231, Hawaii Revised Statutes, is amended to read as follows:
���� "�712-1231� Social gambling;
definition and specific conditions, affirmative defense.� (a)�
Definition.� "Social
gambling" means gambling in which all of the following conditions are [[present:]]
met:
���� (1)� Players compete on
equal terms with each other; [[and]]
���� (2)� No player
receives, or becomes entitled to receive, anything of value or any profit,
directly or indirectly, other than the player's personal gambling winnings; [[and]]
���� (3)� No other person,
corporation, unincorporated association, or entity receives or becomes entitled
to receive, anything of value or any profit, directly or indirectly, from any
source, including [[but not limited to permitting]] value or profit for
providing the use of premises, [[supplying refreshments,]] food[[,]]
or drinks, [[service,]] services, lodging, or
entertainment; [[and]]
���� (4)� It is not
conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge,
restaurant, massage parlor, billiard parlor, or any business establishment of
any kind, public parks, public buildings, public beaches, school grounds,
churches or any other public area; [[and]]
���� (5)� None of the
players is below the age of majority; and
���� (6)� The gambling
activity is not bookmaking.
���� (b)�
Affirmative defense:
���� (1)� In any prosecution
for an offense described in [[[]]section[[]]] 712-1223, 712-1224,
712-1225 or 712-1226, a defendant may assert the affirmative defense that the
gambling activity in question was [[a]] social gambling [[game]] as
defined in [[[section] 712-1231(a).]] subsection (a); provided that a
defendant may not assert the affirmative defense of social gambling if:
��������� (A)� The
gambling activities occurred at the defendant's residence; and 
��������� (B)� Gambling activities at
the defendant's residence have resulted in  or
more prior noise complaints to police, as documented by police reports, within
the preceding
months.
���� (2)� If the defendant
asserts [[the]] social gambling as an affirmative defense, the
defendant shall have the burden of [[going forward with]] providing
evidence to prove the facts constituting [[such]] the defense [[unless
such facts are supplied by the testimony of the prosecuting witness or
circumstance in such testimony, and of proving such facts by a preponderance of
evidence.]] by a preponderance of the evidence.
���� (c)�
[[In any]] No prosecution for an offense described in this
part [[the fact]] shall be required to prove in its prima facie case
that the gambling activity involved was other than [[a]] social gambling [[game
shall not be an element of the offense to be proved by the prosecution in
making out its prima facie case]]."
���� SECTION 3.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 5.� This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Gambling;
Social Gambling; Affirmative Defense; Noise Complaints
Description:
Provides that
a defendant may not assert social gambling as an affirmative defense if the
gambling activity occurred at the defendant's residence and gambling activities
have resulted in multiple recent documented noise complaints.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.