Report Title:
Real Property; Trespass; Theft
Description:
Makes owner of residential real property immune from liability for damages suffered by a person who trespasses with intent to commit a crime. Makes trespass on the premises of a dwelling a misdemeanor. Makes theft of property from the premises of a dwelling a misdemeanor.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
833 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to property rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Exception to landowner liability. Notwithstanding any other law to the contrary, the owner of residential real property shall not be liable for any civil damages sustained by a person who trespasses on the property with intent to commit a crime thereon."
SECTION 2. Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of criminal trespass in the first degree if:
(a) That person knowingly enters or remains unlawfully[:
(i) In a dwelling; or
(ii) In] in or upon the premises of a dwelling, hotel, or apartment building;
(b) That person:
(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and
(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or
(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m."
SECTION 3. Section 708-832, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of theft in the third degree if the person commits theft:
(a) Of property while committing an offense under section 708-813(1)(a);
[(a)] (b) Of property or services the value of which exceeds $100; or
[(b)] (c) Of gasoline, diesel fuel or other related petroleum products used as propellants of any value not exceeding $200.
(2) Theft in the third degree is a misdemeanor."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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