STAND. COM. REP. NO. 2313

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 3079
                                        




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

Sir:

     Your Committee on Education and Technology, 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 measure is to enhance school safety by
repealing the pre-arrest requirement that school authorities and
police officers warn or request a person to leave the premises of
a school if the person enters or remains unlawfully in or upon
the school premises.

     Additionally, the measure makes criminal trespass applicable
to all academic and noncollege schools established and maintained
by the Department of Education as defined in section 302A-101,
Hawaii Revised Statutes.

     Testimony in support of the measure was received from the
Department of Education and the Honolulu Police Department.

     Your Committee finds that 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 is given and if the
trespasser refuses to leave, can the authorities arrest the
person for criminal trespass.


 
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                                   STAND. COM. REP. NO. 2313
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     Your Committee believes that the measure will act as a
strong deterrent against criminal trespassers on school grounds
and will result in safer school campuses.  However, this does not
require the Department of Education to make it a policy to find
people in violation during school hours.

     As affirmed by the record of votes of the members of your
Committee on Education and Technology 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.

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



                                   ______________________________
                                   DAVID Y. IGE, Chair

 
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