REPORT TITLE:
Burglary


DESCRIPTION:
Clarifies that a person may "remain unlawfully" in a building
regardless of whether the initial entry into the building by the
person was lawful or unlawful.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           925
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BURGLARY.



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

 1      SECTION 1.  Section 708-810, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§708-810  Burglary in the first degree.(1)  A person
 
 4 commits the offense of burglary in the first degree if the person
 
 5 intentionally enters or remains unlawfully in a building, with
 
 6 intent to commit therein a crime against a person or against
 
 7 property rights, and:
 
 8      (a)  The person is armed with a dangerous instrument in the
 
 9           course of committing the offense; [or]
 
10      (b)  The person intentionally, knowingly, or recklessly
 
11           inflicts or attempts to inflict bodily injury on anyone
 
12           in the course of committing the offense; or
 
13      (c)  The person recklessly disregards a risk that the
 
14           building is the dwelling of another, and the building
 
15           is such a dwelling.
 
16      (2)  An act occurs "in the course of committing the offense"
 
17 if it occurs in effecting entry or while in the building or in
 
18 immediate flight therefrom.
 
19      (3)  A person may "remain unlawfully" in a building
 

 
Page 2                                                     
                                     S.B. NO.           925
                                                        
                                                        

 
 1 regardless of whether the initial entry into the building by the
 
 2 person was lawful or unlawful.
 
 3      [(3)] (4)  Burglary in the first degree is a class B
 
 4 felony."
 
 5      SECTION 2.  This Act shall apply to any act committed before
 
 6 or after its effective date.
 
 7      SECTION 3.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 4.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:_________________________