HOUSE OF REPRESENTATIVES

H.B. NO.

2636

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRESPASS.

 

 

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

 


     SECTION 1.  The legislature finds that although the United States Coast Guard closed Haiku stairs, also known as "stairway to heaven," in 1987 due to vandalism and liability concerns, hikers illegally access the trail every day despite fences, a security guard, and warning signs.  The legislature also finds that to access the trail, hikers often trespass on private property.  Some residents report that these illegal hikers are damaging their property and stealing fruit from their trees.

     The purpose of this Act is to prevent individuals from trespassing in or upon private residential premises by increasing the penalties for simple trespass and criminal trespass in the second degree.

     SECTION 2.  Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  Criminal trespass in the second degree is a petty misdemeanor[.]; provided that if the person enters or remains unlawfully in or upon private residential premises, the penalty for criminal trespass in the second degree is a misdemeanor."

     SECTION 3.  Section 708-815, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Simple trespass is a violation[.]; provided that if the person enters or remains unlawfully in or upon private residential premises, the penalty for simple trespass 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  Statutory material to be repealed is bracketed and stricken.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, 2018.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Criminal Trespass; Simple Trespass; Residential Premises; Penalties

 

Description:

Increases the penalties for simple trespass and criminal trespass in the second degree for individuals who enter or remain unlawfully in or upon private residential premises.

 

 

 

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