STAND. COM. REP. 418

Honolulu, Hawaii

, 2003

RE: H.B. No. 967

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 967 entitled:

"A BILL FOR AN ACT RELATING TO THE OBSTRUCTION OF AN INGRESS OR EGRESS,"

begs leave to report as follows:

The purpose of this bill is to correct an inconsistency in the law by treating all members of the public in a similar manner for the offense of obstructing ingress or egress on public and private property. This bill reduces the penalties for obstructing ingress or egress on private property by:

(1) Eliminating the possibility of imprisonment; and

(2) Providing for a penalty that is similar to that contained in section 711-1105, Hawaii Revised Statutes (HRS).

Currently, section 852-2, HRS, imposes a greater penalty on restricting ingress or egress on private property as compared to restricting ingress or egress on public property.

The Hotel Employees Restaurant Employees, Local 5 and ILWU, Local 142 testified in support of this measure.

 

There was some concern that this bill may hinder the efforts of law enforcement officials in maintaining order if a demonstration were to become unruly. The Judiciary Committee is therefore respectfully requested to examine whether the provisions of the Penal Code are broad enough to allow law enforcement officials to cease activities that disturb the peace.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 967 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair