Report Title:

Real Property; Trespass; Theft

Description:

Makes owner of residential real property immune from liability for damages suffered by a person who trespasses with intent to commit a crime. Amends definition of dwelling. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

833

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to property rights.

 

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-   Exception to landowner liability. Notwithstanding any other law to the contrary, the owner of residential real property shall not be liable for any civil damages sustained by a person who trespasses on the property with intent to commit a crime thereon."

SECTION 2. Section 708-800, Hawaii Revised Statutes, is amended by amending the definition of "dwelling" to read as follows:

""Dwelling" means a building, including the roof, which is used or usually used by a person for lodging."

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 Statutory material to be repealed is bracketed and stricken.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.