Defines criminal trespass to include knowingly entering or remaining on residential property abutting public recreational property after a reasonable request to leave by the owner or lawful occupant of the property; makes criminal trespass in the second degree applicable to public housing projects administered by the HCDCH. (SD1)
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
(PROPOSED S.D. 1)
A BILL FOR AN ACT
RELATING TO CRIMINAL TRESPASS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many private residential properties are being trespassed upon by persons attempting to get from a public right-of-way or from public lands to other public lands or to private property for recreational purposes, as defined in section 520-2. Many times these trespassers will use private residential properties to park their motor vehicles or will take or use personal property found on the private properties.
The legislature further finds that public housing properties administered by the housing and community development corporation of Hawaii are treated like private residential properties and face similar problems with trespassers. Many times these trespassers loiter, vandalize, and abuse alcohol on public housing properties.
SECTION 2. Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of criminal trespass in the second degree if:
(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced; [
(b) The person enters or remains unlawfully in or upon commercial premises after reasonable warning or request to leave by the owner or lessee of the commercial premises or the owner's or lessee's authorized agent or police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act[
For purposes of this [
section,] paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:
(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;
(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics, of the person warned;
(iii) The name of the person giving the warning along with the date and time the warning was given; and
(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator[
(c) The person knowingly enters or remains unlawfully in or upon residential property abutting public recreational property after a reasonable request to leave by the owner of the residential property; or
(d) The person enters or remains unlawfully in or upon the premises of a public housing project, as defined in section 201G-51:
(A) After a reasonable warning or request to leave by housing authorities or a police officer; or
(B) Between 10:00 p.m. and 5:00 a.m.
The housing and community development corporation of Hawaii shall adopt rules to delineate the specific conduct, location, time, and other limitations for the enforcement of subsection (d). Police officers shall exercise authority under subsection (d) in accordance with the adopted rules.
For purposes of this subsection:
"Abutting" means adjacent to, adjoining, bounded by, or next to a parcel of real property.
"Owner" means the fee owner, lessee, tenant, occupant, or other person in lawful possession of the residential property.
"Public recreational property" means public or private lands opened to the public for recreational use but does not include beachfront property.
"Reasonable request" means an oral communication informing the person entering or remaining unlawfully in or upon the residential property that the requester is the owner of the residential property and is asking the person to leave the residential property and to remove the person's possessions from the property.
"Residential property" means a parcel of land that is used or occupied as a place of residence for one or more persons."
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 on July 1, 2004.