STAND. COM. REP. NO. 972-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: S.B. No. 3079
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Education, to which was referred S.B. No.
3079 entitled: 

     "A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS IN THE
     FIRST DEGREE,"

begs leave to report as follows:

     The purpose of this bill is to repeal the requirement that,
prior to arresting a person for criminal trespass in the first
degree, school authorities and police officers first warn or
request a person to leave the school premises, if the person
enters or remains unlawfully in or on the school premises.

     The bill also makes a technical amendment, by changing the
cross reference to the definition of public school to the more
appropriate definitional section of chapter 302A, Hawaii Revised
Statutes.

     Testimony in support of the measure was received from the
Department of Education, the Honolulu Police Department, and the
Hawaii Association of Independent Schools.  The Public Defender
submitted comments.

     Your Committee finds that under present law, prior to
arresting a person on school premises for criminal trespass in
the first degree, school authorities or the police must warn or
request the person to leave the premises.  Only after the warning

 
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is given and the trespasser refuses to leave can the authorities
arrest the person for criminal trespass.  Your Committee is
concerned about the potential for criminal activity being
committed on school grounds by persons who have no lawful
business on such property.  Moreover, your Committee notes the
recent spate of vandalism that wreaked severe havoc on several
public schools.  Accordingly, your Committee further finds that
this bill, by repealing the pre-arrest requirement, will help to
ensure students a safe school environment and will enhance the
protection of school property.

     As affirmed by the record of votes of the members of your
Committee on Education that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
3079 and recommends that it pass Second Reading and be referred
to the Committee on Judiciary and Hawaiian Affairs.

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



                                   ______________________________
                                   KEN ITO, Chair

 
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