HOUSE OF REPRESENTATIVES

H.B. NO.

87

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC HOUSING.

 

 

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

 


     SECTION 1.  Section 708-813, Hawaii Revised Statutes, is amended to read as follows:

     "§708-813  Criminal trespass in the first degree.  (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 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;] law enforcement officer; provided [however, such] that a warning or request to leave shall not be [unnecessary] necessary between 10:00 p.m. and 5:00 a.m.; or

    (d)   That person enters or remains unlawfully in or upon the premises of any public housing project, as defined in section 356D‑1 or 356D‑91, after a reasonable warning or request to leave by housing authorities or a law enforcement officer, based upon an alleged violation of law or administrative rule; provided that a warning or request to leave shall not be necessary between 10:00 p.m. and 5:00 a.m. at any public housing project that is closed to the public during those hours and has signs, containing letters not less than two inches in height, placed along the boundary of the project property, at all entrances to the property, in a manner and position to be clearly noticeable from outside the boundary of the project property and to give sufficient notice that the public housing project is closed to the public during those hours.

     (2)  As used in this section, "housing authorities" means resident managers or managers, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority.

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

     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 on January 1, 2014.

 



 

Report Title:

Criminal Trespass; Public Housing Project

 

Description:

Broadens criminal trespass in the first degree to include a person who enters or remains unlawfully in or upon the premises of a public housing project after a reasonable request or warning to leave by housing authorities or a law enforcement officer; provided that no warning or request is necessary between certain times of day and if the public housing has signs to mark the boundaries of property and notify the public that the public housing project is closed to the public during certain hours.  (SD1)

 

 

 

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