Report Title:

Criminal Trespass in the First Degree; Class C Felony

Description:

Changes the penalty for criminal trespass in the first degree from a misdemeanor to a class C felony.

HOUSE OF REPRESENTATIVES

H.B. NO.

547

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to offenses against property rights.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that trespassing on agricultural lands is a major problem statewide. The problem is most dangerous when those caught trespassing are carrying firearms that threaten the lives of farmers and ranchers. Because of this life-threatening situation, farmers and ranchers are forced to arm themselves for protection. The legislature further finds that those caught trespassing with a firearm often intend to illegally kill commercial livestock or to steal agricultural products.

The purpose of this Act is to impose a stiffer penalty on those caught trespassing with a firearm.

SECTION 2. Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Criminal trespass in the first degree is a [misdemeanor] class C felony."

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 Statutory material to be repealed is bracketed and stricken.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:

_____________________________