REPORT TITLE:
Burglary


DESCRIPTION:
Adds reckless disregard as an alternative element of burglary in
the first degree.  Requires mandatory ten-year sentencing for
reckless disregard.

 
a                                                      r-11b(99)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BURGLARY IN THE FIRST DEGREE.



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

 1      SECTION 1.  Section 708-810, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "708-810  Burglary in the first degree.(1)  A person
 
 4 commits the offense of burglary in the first degree if the person
 
 5 intentionally enters or remains unlawfully in a building, with
 
 6 intent to commit therein a crime against a person or against
 
 7 property rights, and:
 
 8      (a)  The person is armed with a dangerous instrument in the
 
 9           course of committing the offense; or
 
10      (b)  The person intentionally, knowingly, or recklessly
 
11           inflicts or attempts to inflict bodily injury on anyone
 
12           in the course of committing the offense; [or]
 
13      (c)  The person recklessly disregards a risk that the
 
14           building is the dwelling of another, and the building
 
15           is such a dwelling[.]; or
 
16      (d)  The person recklessly disregards a risk that the
 
17           building is the dwelling of another, and the offense is
 
18           committed while an occupant of the building is within
 
19           the curtilage of the property.
 

 
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 1      (2)  An act occurs "in the course of committing the offense"
 
 2 if it occurs in effecting entry or while in the building or in
 
 3 immediate flight therefrom.
 
 4      (3)  It is not a defense that the person did not know the
 
 5 dwelling was occupied.
 
 6      [(3)] (4)  Burglary in the first degree is a class B felony.
 
 7      (5)  A person convicted under subsection (1)(d) shall be
 
 8 sentenced to a mandatory term of imprisonment of ten years
 
 9 without the possibility of deferral of further proceedings under
 
10 chapter 853 and without the possibility of suspension of sentence
 
11 or probation."
 
12      SECTION 2.  This Act does not affect rights and duties that
 
13 matured, penalties that were incurred, and proceedings that were
 
14 begun, before its effective date.
 
15      SECTION 3.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________
 

 
a                                                      r-11b(99)