STAND

STAND. COM. REP. NO. 527-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2196

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2196 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS,"

begs leave to report as follows:

The purpose of this bill is to expand the scope of criminal trespass to include entering or remaining on residential property after a reasonable request to leave by the owner or lawful occupant of the property.

Three individuals testified in support of this measure. The Office of the Public Defender and one individual offered comments.

Your Committee finds that trespassers have become bold and intrusive to residents as they attempt to access abutting public recreational property. This bill will encourage the use of proper public access.

Your Committee has amended this bill by:

(1) Limiting the offense, with respect to the new provisions concerning the offense of criminal trespass in the second degree, to trespassing on residential property abutting public recreational property;

(2) Inserting definitions for "abutting" and "public recreational property";

(3) Adding the requirement that an offender must have a knowing state of mind; and

(4) Making technical, nonsubstantive amendments for style and clarity.

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 H.B. No. 2196, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2196, H.D. 1, and be placed on the calendar for Third Reading.

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

		____________________________ ERIC G. HAMAKAWA, Chair