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 S.B. No. 2294 entitled:

begs leave to report as follows:

The purpose of this measure is to provide that a person commits the offense of criminal trespass in the second degree if a person enters or remains unlawfully in or upon any public or private property.

Testimony in support of this measure was received from the Honolulu Police Department, Mokule'ia Community Association, Hawaii Reserves, Inc., and three individuals. Testimony in opposition was received from the Affordable Housing and Homeless Alliance and the Honolulu Prosecuting Attorney.

The current criminal trespass laws have loopholes that frustrate law enforcement. Your Committee finds that this measure enhances enforcement of the trespass law as it pertains to public and private property, such as parks, beaches, campgrounds, and the like, particularly as applied to squatters.

Your Committee has amended this measure to make technical, nonsubstantive changes.

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. 2294, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2294, S.D. 1, and be placed on the calendar for Third Reading.