Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 1202, H.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to amend the criminal trespassing laws.

The Department of Agriculture, the City and County of Honolulu Department of the Prosecuting Attorney (Prosecuting Attorney's Office), the Hawaii Agriculture Research Center, the Hawaii Aquaculture Association, the Hawaii Crop Improvement Association, the Hawaii Farm Bureau Federation, the Maui County Farm Bureau, and the Pineapple Growers Association of Hawaii submitted testimony in support of this measure. The Office of the Public Defender submitted comments on this measure.

Agricultural theft is a critical problem for Hawaii's farmers, and they are especially vulnerable to theft since farms are usually located on large plots of land in sparsely populated areas, isolated from law enforcement. Many farms have fences and other simple barriers surrounding their property; however, these obstacles are easily overcome by thieves and do little to deter trespassing. Thus, this measure clarifies the law for criminal trespass in the second degree to include persons who, without permission, enter cultivated or uncultivated agricultural land that is posted with signs forbidding trespassing.

Your Committee noted concerns from the Prosecuting Attorney's Office and the Hawaii Farm Bureau Federation that sign requirements for both criminal trespass in the second degree and theft in the second degree were inconsistent. Thus, your Committee amended this measure's and H.B. No. 1201, H.D. 2's sign requirements to be consistent with each other.

Specifically, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1202, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1202, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.