STAND. COM. REP. NO. 752

Honolulu, Hawaii

, 2005

RE: H.B. No. 806

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 806 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS,"

begs leave to report as follows:

The purpose of this bill is to repeal amendments to the criminal trespass law that were originally intended to deter squatters in public areas.

The American Civil Liberties Union of Hawaii supported this measure. The Office of the Public Defender opposed this measure.

Your Committee recognizes that amendments made to the Criminal Trespass Law in Act 50, Session Laws of Hawaii 2004, were intended to deter individuals squatting on public parks or campgrounds. However, Act 50 was interpreted over-broadly, resulting in unintended penalties for individuals in circumstances unrelated to squatting.

Accordingly, your Committee has amended this bill by:

(1) Inserting a purpose and findings section;

(2) Establishing a new petty misdemeanor offense of criminal trespass onto public parks and recreational grounds;

(3) Providing a clearer savings clause;

(4) Changing the effective date to January 1, 2020, to encourage further discussion; and

(5) Making other technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 806, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 806, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair