Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 2196, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to define criminal trespass to include knowingly entering or remaining on residential property abutting public recreational property after a reasonable request to leave by the owner or lawful occupant of the property.

Prior to holding a public hearing on this measure, a proposed S.D.1 was prepared and made available for public review. Specifically, the proposed language of this measure added provisions to:

Testimony in support of this measure was submitted by the Housing and Community Development Corporation of Hawaii, Hawaii County Police Department, and one hundred forty-six individuals. Testimony in opposition to this measure was submitted by the Honolulu Police Department and Affordable Housing and Homeless Alliance. Comments were submitted by the Office of the Public Defender.

Your Committee finds that numerous individuals are trespassing on private residential properties for recreational purposes. Many times these trespassers will use private residential properties to park their motor vehicles or will take or use personal property found on the private property. Your Committee finds that this measure will address these types of problems by making them criminal trespass in the second degree.

Your Committee also finds that public housing properties are treated like private residential properties and face similar problems with trespassers. Many times these trespassers loiter, vandalize, and abuse alcohol on public housing properties. Your Committee also believes that this measure will address this trespassing problem on public housing properties as well.

Your Committee adopted the amendments in the proposed S.D. 1 and has further amended the proposed version of the measure by removing the provision that makes warnings unnecessary between 10:00 p.m. and 5:00 a.m. Your Committee questioned the Housing and Community Development Corporation of Hawaii regarding the purpose of this provision; however, your Committee found the reasoning for this provision was inadequate and removed this exception from the measure.

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