STAND. COM. REP. NO.320-02
RE: H.B. No. 2315
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2315 entitled:
"A BILL FOR AN ACT RELATING TO THE OBSTRUCTION OF INGRESS OR EGRESS,"
begs leave to report as follows:
The purpose of the bill is to:
(1) Increase the fine and decrease the period of imprisonment for refusal to obey an order to not obstruct ingress to or egress from a public or private place; and
(2) Redefine "law enforcement" officer in the context of this offense.
Your Committee received testimony in support of the measure from the Department of the Prosecuting Attorney for the City and County of Honolulu. The Hawaii Carpenter's Union provided testimony in opposition to the measure. The ILWU and the Hawaii State AFL-CIO provided testimony raising concerns on the measure.
Your Committee finds that there may be a need to redefine the offense of refusal to provide ingress or egress, however there is no apparent need to include in the term for "law enforcement officer" those officers from the "United States". Further, your Committee finds that there is no compelling reason to alter the penalty provisions concerning this offense.
Your Committee has amended this bill by:
(1) Deleting from the term "law enforcement officer" those officers of the "United States"; and
(2) Deleting references to penalty for the offense of refusal to provide ingress or egress.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2315, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2315, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
ERIC G. HAMAKAWA, Chair