Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 806, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to establish a petty misdemeanor offense of criminal trespass onto public parks and recreation grounds and repeal amendments made to the offense of criminal trespass in the second degree by Act 50, Session Laws of Hawaii 2004.

Testimony in support of the measure was submitted by a State Representative, the ACLU of Hawaii, the League of Women Voters of Hawaii, the Interfaith Alliance of Hawaii, the Christian Unity Commission of the Hawaii District of the United Methodist Church, Citizen Voice, Partners in Care, and twelve individuals. The Department of the Attorney General and the Office of the Public Defender offered comments on the measure.

This measure establishes the petty misdemeanor offense of criminal trespass onto public parks and recreational grounds as well as repeals amendments made to the offense of criminal trespass in the second degree by Act 50, Session Laws of Hawaii. Your Committee notes that Act 50 implicated important constitutional as well as social issues that generated debate within the community as to its effectiveness in addressing the issue of squatting.

Your Committee has amended this measure by removing the petty misdemeanor offense of criminal trespass onto public parks and recreational grounds.

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. 806, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 806, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.