STAND. COM. REP. NO. 593

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 350

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 350 entitled:

 

"A BILL FOR AN ACT RELATING TO USE OF FORCE,"

 

begs leave to report as follows:

 

     The purpose of this measure is justify the use of deadly force in a person's dwelling against an intruder if the intruder uses force against the person.

 

     Your Committee received several testimonies in support of this measure and one in opposition.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that the use of deadly force by a person while in a dwelling in which the person has a lawful right to be, against an intruder who has no lawful right to be in the dwelling is sometimes necessary.  For example, recent incidents have been reported involving death of property owners in home invasions, which may have been avoided if the owner used deadly force to deter the intruder.

 

     Your Committee has amended this measure by:

 

(1)  Changing the effective date to July 1, 2050 to continue discussions on this matter; and

 

(2)  Making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 350, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 350, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair