STAND. COM. REP. NO. 717

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 492

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 492 entitled:

 

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

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the conditions under which the definition of "enter or remain unlawfully" applies with reference to criminal trespass in the second degree.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; The Chamber of Commerce Hawaii; Hawaii Food Industry Association; and one individual.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

 

     Your Committee finds that the Hawaii Supreme Court held in State v. King, 386 P.3d 886 (Haw. 2016), that a violation of "reasonable warning or request" does not constitute defiance of a "lawful order".  This measure clarifies that, in the context of the definition of "enter or remain unlawfully", a "lawful order" includes a "reasonable warning or request" issued pursuant to section 708-814(1)(b), Hawaii Revised Statutes.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting the preamble section;

 

     (2)  Amending the offense of criminal trespass in the second degree to repeal the definition of "reasonable warning or request" and clarify that a reasonable warning or request by an owner or lessee of the commercial premises, the owner's or lessee's authorized agency, or a police officer may be communicated in writing at any time within a one-year period inclusive of the date the incident occurred with certain exceptions;

 

     (3)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 492, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 492, 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 Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair