STAND. COM. REP. NO. 1360

Honolulu, Hawaii

, 2005

RE: H.B. No. 1202

H.D. 2

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1202, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL TRESPASSING,"

begs leave to report as follows:

The purpose of this measure is to amend Hawaii's trespass law by providing that a person commits the offense of trespass in the second degree if the person enters or remains on cultivated or uncultivated agricultural lands that are fenced or posted with signs or where there is a visible presence of crops.

Testimony in support of the measure was submitted by the Department of the Prosecuting Attorney for the City and County of Honolulu, the Department of Agriculture, the Hawaii Farm Bureau, the Big Island Farm Bureau, the Maui County Farm Bureau, the Hawaii Agriculture Research Center, Maui Land and Pineapple Company, Quality Turfgrass, the Hawaii Crop Improvement Association, the Pineapple Growers Association of Hawaii, and one individual. The Office of the Public Defender commented on the measure.

This measure clarifies the offense of criminal trespass with respect to individuals who enter or remain unlawfully on cultivated or uncultivated agricultural lands. Your Committee finds that this measure also clarifies signage requirements to provide sufficient notice to an individual that he or she is trespassing onto agricultural lands.

Your Committee has amended the bill by making technical amendments and making the bill effective on approval.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1202, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1202, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair