State explores solutions to address illegal fireworks following deadly explosion
HONOLULU (HawaiiNewsNow) - State leaders are proposing enhanced penalties for fireworks crimes and a new non-criminal infraction for people caught using small amounts of pyrotechnics, in hopes of reducing danger.
This comes after the deadly New Year’s explosion in Aliamanu that killed four people and injured dozens more.
Gov. Josh Green and other state officials held a press conference Monday.
They said there is no clear roadmap to solving the illegal fireworks problem, but proposals include harsher penalties and new strategies by law enforcement agencies to intercept fireworks before they come into the state.
State Attorney General Anne Lopez said her department has drafted comprehensive legislation that clarifies and streamlines Hawaii’s fireworks law so that prosecutors can convict people faster and more successfully.
It also provides for a wide range of penalties depending on the seriousness of the offense, including enhanced sentencing for current crimes and offenders who caused serious injury or death of another individual.
Lopez notes that going after the most serious offenders is not going to be what solves the problem.
“Individuals who purchase fireworks, even in small amounts, the end users create the illicit market. This bill creates a mechanism for law enforcement to provide tickets with financial penalties to the lowest-level offenders,” she said.
Officials say a lower punishment might be more effective.
“We do believe the problem goes all the way to the end user and stamping out demand for the product,” said Deputy Attorney General Tricia Nakamatsu.
The problem for law enforcement is that all the anti-fireworks laws are crimes, requiring proof in court beyond a reasonable doubt with jail a potential penalty.
So the attorney general’s office is proposing a non-criminal infraction, easily proven, with money fines, easing the burden on law enforcement officers.
“The citations themselves can be issued much much faster,” said Nakamatsu. “It doesn’t require an officer to go back to the office to write reports to collect evidence to submit for testing.”
Officers stretched thin on New Year’s often seem to ignore illegal activity because of the difficulty and time in takes to prosecute even minor fireworks crimes.
Honolulu’s chief says decriminalizing minor offenses could actually mean more people are penalized.
“Writing a citation, taking pictures of the evidence is probably a better way to handle those situations, and you could do multiple tickets that night with neighbors that are firing off back to back to back as you drive down the neighborhood,” said Honolulu Police Chief Joe Logan.
The governor says a $300 fine would do the trick. Repeat or more serious offenders, like those whose fireworks injure someone, would still face jail, as would fireworks dealers and property owners.
Green said, “People don’t want to go to jail because someone else launched fireworks from their house. They want to be careful about who rents their property.”
These suggestions will be sent to the Legislature, which convenes this week. The decriminalization of minor offenses has already been in discussion among lawmakers.
Officials are also exploring more resources, like bomb-sniffing canines are the entry points to the state.
Green said no matter what, illegal fireworks have to stop.
“We’ve also heard from people saying in just a day after, the day after we lost loved ones that they still intended to have big firework shows in their communities. And I just tell you I don’t think you should do it. I really don’t think you should do it because it will not be safe,” he said.
Over the weekend, authorities held a fireworks amnesty program at Aloha Stadium.
The event brought in over 1,300 pounds of fireworks from 121 different residents, officials said.
“We are extremely pleased that the public is starting to recognize how dangerous fireworks are and we hope to continue that,” said Department of Law Enforcement director Jordan Lowe, noting that another fireworks amnesty program will like occur later this year.
Lowe added that the department “will be this year deploying new strategies to interdict fireworks coming in from the state, and we still have numerous, ongoing investigations relating to the distribution of fireworks.”
Gov. Green said he’s also looking at increasing the availability of public fireworks shows.
Regarding the New Year’s incident, Green praised the efforts of emergency responders and expressed gratitude for military partners who transported six of the survivors to a burn center in Arizona for further treatment.
Health officials encourage anyone who needs behavioral support or crisis counseling to contact Hawaii CARES at 988 or (808) 832-3100.
Monday’s press conference also included state Adjutant General, Maj. Gen. Stephen F. Logan, Department of Health Director Dr. Kenny Fink, Straub Benioff Medical Center Burn Care Unit Plastic Surgeon David Cho, M.D.
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