REPORT TITLE:
Burglary; Definition


DESCRIPTION:
Provides that a person may commit burglary even if initial
building entry was lawful.  Defines "dangerous instrument".

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2685
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BURGLARY.
 


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.
 
16      (2)  An act occurs "in the course of committing the offense"
 
17 if it occurs in effecting entry or while in the building or in
 
18 immediate flight therefrom.
 
19      (3)  A person may "remain unlawfully" in a building
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 regardless of whether the initial entry into the building by the
 
 2 person was lawful or unlawful.
 
 3      (4)  As used in this section, "dangerous instrument" means
 
 4 any firearm, whether loaded or not, and whether operable or not,
 
 5 or other weapon, device, instrument, material, or substance,
 
 6 whether animate or inanimate, which in the manner it is used or
 
 7 is intended to be used is known to be capable of producing death
 
 8 or serious bodily injury.
 
 9      [(3)] (5)  Burglary in the first degree is a class B
 
10 felony."
 
11      SECTION 2.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 3.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 4.  This Act shall take effect upon its approval.
 
17 
 
18                       INTRODUCED BY:  ___________________________