HOUSE OF REPRESENTATIVES

H.B. NO.

767

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

 

 

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

 


     SECTION 1.  The purpose of this Act is to clarify the offense of trespassing on public housing property.

     SECTION 2.  Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§356D-    Closed to the public.  (a)  Any area within a housing project that is not a public street, road, highway, sidewalk, or county or state bus stop shall be closed to members of the public where signs are displayed that read: "Closed to the Public – No Trespassing", or a substantially similar message is displayed; provided that the signs shall contain letters not less than two inches in height and the signs are placed at reasonable intervals along the boundary line of the areas that are closed to the public in a manner and position to be clearly noticeable from outside the boundary line. 

     (b)  For the purposes of this section:

     "Housing project" means a public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51.

     "Member of the public" does not include:

     (1)  A tenant, as defined in section 356D-1 or section 356D-51, who leases a unit in the subject housing project;

     (2)  A household member, as defined in section 356D-1, who occupies a unit in the subject housing project as a household member;

     (3)  A guest of a tenant of the subject housing project;

     (4)  A director, officer, employee, agent, representative, or contractor of the authority who is acting within the director, officer, employee, agent, representative, or contractor's respective scope of employment or work, or is discharging an official duty for the authority;

     (5)  An employee, agent, or contractor of the United States Department of Housing and Urban Development who is acting within the scope of the employee, agent, or contractor's respective employment or work;

     (6)  A person carrying out governmental duties including but not limited to law enforcement and emergency medical services;

     (7)  A person participating in a program authorized by the authority; and

     (8)  A person engaging in constitutionally protected door-to-door communications or pamphleteering between 9:00 a.m. and 8:00 p.m."

     SECTION 3.  Section 708-814, Hawaii Revised Statutes, is amended to read as follows:

     "§708-814  Criminal trespass in the second degree.  (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 a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a [police] law enforcement officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

               For the purposes of this 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] subsection (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] law enforcement officer who was present when the warning was given and, if possible, the signature of the violator;

     (c)  The person enters or remains unlawfully on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

         (i)  Are fenced, enclosed, or secured in a manner designed to exclude intruders;

        (ii)  Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows:  "Private Property".  The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position [as] to be clearly noticeable from outside the boundary line; or

       (iii)  At the time of entry, are fallow or have a visible presence of livestock or a crop:

              (A)  Under cultivation;

              (B)  In the process of being harvested; or

              (C)  That has been harvested;

     (d)  The person enters or remains unlawfully on unimproved or unused lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the lands:

         (i)  Are fenced, enclosed, or secured in a manner designed to exclude the general public; or

        (ii)  Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to give reasonable notice and reads as follows:  "Private Property – No Trespassing", "Government Property – No Trespassing", or a substantially similar message; provided that the sign or signs shall contain letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position [as] to be clearly noticeable from outside the boundary line.

               For the purposes of this paragraph, "unimproved or unused lands" means any land upon which there is no improvement; construction of any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land.  Land remains "unimproved or unused land" under this paragraph notwithstanding minor improvements, including the installation or maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including the installation or maintenance of fences, trails, or pathways; maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties; or

     (e)  [The person enters or remains unlawfully in or upon the premises of any public housing project or state low-income housing project, as defined in section 356D-1, 356D-51, or 356D-91, after a reasonable warning or request to leave by housing authorities or a police 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 or state low-income 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 or state low-income housing project is closed to the public during those hours.The person is a non-tenant:

         (i)  Who is a member of the public and who enters or remains without authorization in or upon any area of a housing project that is closed to the public as set forth in section 356D-  , and has signage as required by section 356D-  ; or

        (ii)  Who enters or remains unlawfully in or upon any area of a housing project that is closed to the public as set forth in section 356D-  , after a reasonable warning or request to leave by the housing authority or a law enforcement officer, based upon an alleged violation of law or administrative rule, notwithstanding any authorization provided by a tenant of the subject housing project to the person.

     [(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.]

               For the purposes of this paragraph:

               "Authorization" means permission to enter the subject housing project, which is given to a non-tenant either by a tenant of the subject housing project, or housing authority.

               "Housing authority" means a property manager, resident manager, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority, for the subject housing project.

               "Housing project" means a public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51.

               "Member of the public" does not include:

         (i)  A tenant as defined in section 356D-1 or section 356D-51 who leases a unit in the subject housing project;

        (ii)  A household member as defined in section 356D-1 who occupies a unit in the subject housing project as a household member;

       (iii)  A director, officer, employee, agent, representative, or contractor of the Hawaii public housing authority who is acting within the director, officer, employee, agent, representative, or contractor's respective scope of employment or work, or is discharging an official duty for the authority;

        (iv)  An employee, agent, or contractor of the United States Department of Housing and Urban Development who is acting within the employee, agent, or contractor's respective scope of the employment or work;

         (v)  A person carrying out governmental duties including but not limited to law enforcement and emergency medical services;

        (vi)  A person participating in a program authorized by the Hawaii public housing authority; and

       (vii)  A person engaging in constitutionally protected door-to-door communications and pamphleteering between 9:00 a.m. and 8:00 p.m.

               "Non-tenant" means a person who is not a tenant as defined in section 356D-1 or section 356D-51, and not a household member as defined in section 356-1 at the subject housing project.

               "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 in or on the areas of the subject housing project that are closed to the public 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 subsection (1)(e), 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;

        (iv)  The signature of the person giving the warning, and, if possible, the signature of the person warned; and

         (v)  The signature of a witness or law enforcement officer who was present when the warning was given pursuant to subsection (1)(e).

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

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.



 

Report Title:

Hawaii Public Housing Authority; Trespass

 

Description:

Provides that certain areas within Hawaii Public Housing Authority housing projects are closed to the public and amends criminal trespass in the second degree to permit the prosecution of an unauthorized entry or a violation of a written prohibition to enter into the subject housing projects.  Clarifies requirements for signage notifying trespassers of illegal entry.  Effective 7/1/2050.  (SD1)

 

 

 

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