STAND. COM. REP. NO. 1283-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 3079
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 3079 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS IN THE
     FIRST DEGREE,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Remove the pre-arrest provision that requires either
          police or school authorities to warn or request a
          suspect to leave; and

     (2)  Change the definition of "public school" for purposes
          of criminal trespass in the first degree to that set
          forth in Section 302A-101, Hawaii Revised Statutes.

     The Department of Education, the Hawaii Association of
Independent Schools, the Department of the Prosecuting Attorney
for the County of Maui, and the Honolulu Police Department
testified in support of the measure.  The Office of the Public
Defender testified in opposition to the measure.

     Your Committee has amended this bill by maintaining the pre-
arrest warning requirement, except between the hours of 10:00
p.m. and 5:00 a.m., when most people have no legitimate business
on campus.


 
 
 
                                 STAND. COM. REP. NO. 1283-00
                                 Page 2

 
     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 S.B. No. 3079, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as S.B. No.
3079, H.D. 1.

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



                                   ______________________________
                                   ERIC G. HAMAKAWA, Chair