Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 831 entitled:

begs leave to report as follows:

The purpose of this measure is to amend the offense of criminal trespass in the second degree to include persons remaining on public or private property after being requested to leave by the owner, lessee, or police.

Your Committee received testimony in support of this measure from the Honolulu Police Department, the Department of Land and Natural Resources, a Member of the Honolulu City Council, and ten concerned citizens. The Office of the Public Defender and the ACLU opposed the measure.

Your Committee finds that many residents and communities are frustrated over persons camping and residing on public and private property. Some of these sites do not have sanitation facilities. Your Committee further finds that under current law, police are authorized to arrest these persons for simple trespass, and a fine may be imposed. Your Committee further finds that after release these persons often return to the site and continue to camp or reside on the property. Your Committee believes this bill will assist police in relieving this situation. Your Committee amended the bill to correct a statement in the purpose section that incorrectly stated that police do not have authority to arrest persons for simple trespass.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 831, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 831, S.D. 1, and be placed on the calendar for Third Reading.