Defines "dangerous instrument" in commission of burglary. For purposes of burglary laws, allows persons to remain lawfully in buildings.

A BILL FOR AN ACT

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708-    Burglary; "remain lawfully". For the purposes of sections 708-810 and 708-811, a person may "remain lawfully" in a building regardless of whether the initial entry into the building by the person was lawful or unlawful."

SECTION 2. Section 708-810, Hawaii Revised Statutes, is amended to read as follows:

"§708-810 Burglary in the first degree. (1) A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:

(2) An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom.

(3) As used in this section, "dangerous instrument" means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

(4) Burglary in the first degree is a class B felony."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.