Report Title:

Criminal Trespass in the 1st Degree; State and County Facilities

Description:

Provides that any person who enters or remains unlawfully in or upon the premises of any state or county government building or other facility, after reasonable warning or request to leave by state or county authorities or a police officer, commits the offense of criminal trespass in the 1st degree.

THE SENATE

S.B. NO.

1195

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to criminal trespass.

 

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

SECTION 1. Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal trespass in the first degree if:

(a) That person knowingly enters or remains unlawfully:

(i) In a dwelling; or

(ii) In or upon the premises of a hotel or apartment building;

(b) That person:

(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

(c) That person enters or remains unlawfully in or upon the premises of any [public]:

(i) Public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; or

(ii) Any other state or county government building or other facility, after reasonable warning or request to leave by state or county authorities or a police officer;

provided [however, such] that a warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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