HOUSE OF REPRESENTATIVES

H.B. NO.

2754

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CRIMINAL TRESPASS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that it is necessary to exempt selected areas from the offense of criminal trespass onto state lands in order to protect the welfare of the people and communities that may be established on state land, especially when those people and communities offer valuable lessons or models for how to address social challenges.

     The legislature further finds that such a community has been built by people experiencing homelessness in the encampment adjacent to the Waianae boat harbor, which is known as puuhonua o Waianae.

     The purpose of this Act is to exempt the land where the houseless community of puuhonua o Waianae currently exists from the offense of criminal trespass onto state lands.

     SECTION 2.  Section 708-814.7, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  Except for lands owned by the office of Hawaiian affairs[,]; except for the land where the houseless community of puuhonua o Waianae currently exists (tax map key no. 850020110000) until       ; and except for improved state lands that are designated safe havens by state departments or agencies, or that are under executive order by the governor to be used as a safe haven and have a department of health component and adequate space, not to include state hospitals, a person commits the offense of criminal trespass onto state lands if:

     (a)  The person enters or remains unlawfully in or upon any improved state land when:

          (i)  The land is closed to public use and its closure hours are posted on a sign or signs on the improved state land, and after a request to leave is made by any law enforcement officer the person remains in or upon the land; or

         (ii)  The land is not open to the public and there are signs that are sufficient to give reasonable notice that read: "Government Property - No Trespassing"; provided that these signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at all roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary; or

     (b)  The person enters or remains unlawfully in or upon any state land on or under any highway, and the state land has a sign or signs displayed upon the land that are sufficient to give reasonable notice that read:  "Government Property - No Trespassing"; provided that the signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at all roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary."

     SECTION 3.  The department of the attorney general shall submit a written report to the legislature regarding the extent to which this Act has been utilized, and shall include recommendations for any proposed legislation, no later than twenty days prior to the convening of the regular sessions of 2019 and 2020.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall not be construed to prohibit any person from exercising native Hawaiian rights, customarily and traditionally exercised for subsistence, cultural, and religious purposes pursuant to article XII, section 7, of the Hawaii State Constitution.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Criminal Trespass; State Lands; Puuhonua O Waianae

 

Description:

Exempts the land where the houseless community of Puuhonua O Waianae currently exists from the offense of criminal trespass onto state lands.  Requires the Department of the Attorney General to submit a report to the legislature prior to the 2019 and 2020 Regular Sessions.

 

 

 

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