STAND. COM. REP. NO. 2471

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2639
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2639 entitled: 

     "A BILL FOR AN ACT RELATING TO BURGLARY,"

begs leave to report as follows:

     The purpose of this bill is to provide that a person may be
deemed to "remain unlawfully" in a building, as defined in the
burglary law, even if the original entry was unlawful but without
the necessary element of intent to commit another offense.  The
bill also defines "dangerous instrument" for the purpose of
burglary.

     Your Committee finds that under current law it is unclear
whether a person who enters a building unlawfully but without the
intent to commit a crime within, then develops the intent to
commit a crime, and remains in the building unlawfully for that
purpose, may be found guilty of committing a burglary.  Your
Committee believes that, in such a situation, the person is
remaining unlawfully in the building as the term is used in the
burglary law.  It is your Committee's intent that a person who
enters a building under any circumstances, and once in the
building forms the intent to commit a crime therein and remains
in the building unlawfully for that purpose, should be held to
have committed a burglary.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of
Honolulu, the Honolulu Police Department, the Department of the

 
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                                   STAND. COM. REP. NO. 2471
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Prosecuting Attorney of the County of Maui, and the Hawaii
Visitor Industry Security Association.  Testimony in opposition
to this measure was submitted by the Office of the Public
Defender.

     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 S.B. No.
2639 and recommends that it pass Second Reading and be placed on
the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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