REPORT TITLE:
Criminal Trespass; Schools


DESCRIPTION:
Repeals the requirement that school authorities and police
officers warn or request a person to leave the premises of any
public or private school, if the person enters or remains
unlawfully in or upon the premises of the school, prior to having
the person arrested for criminal trespass in the 1st degree.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3114
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL TRESPASS IN THE FIRST DEGREE.



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

 1      SECTION 1.  Section 708-813, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of criminal trespass in
 
 4 the first degree if:
 
 5      (a)  That person knowingly enters or remains unlawfully:
 
 6           (i)  In a dwelling; or
 
 7          (ii)  In or upon the premises of a hotel or apartment
 
 8                building;
 
 9      (b)  That person:
 
10           (i)  Knowingly enters or remains unlawfully in or upon
 
11                premises that are fenced or enclosed in a manner
 
12                designed to exclude intruders; and
 
13          (ii)  Is in possession of a firearm, as defined in
 
14                section 134-1, at the time of the intrusion; or
 
15      (c)  That person enters or remains unlawfully in or upon the
 
16           premises of any public school as defined in section
 
17           [302A-501,] 302A-101, or any private school[, after
 
18           reasonable warning or request to leave by school
 
19           authorities or a police officer]."
 

 
Page 2                                                     3114
                                     S.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.
 
 7 
 
 8                              INTRODUCED BY:______________________