STAND

STAND. COM. REP. NO. 846

Honolulu, Hawaii

, 2005

RE: H.B. No. 833

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 833 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY RIGHTS,"

begs leave to report as follows:

The purpose of this bill is to protect homeowners by:

(1) Giving residential landowners civil immunity for damages sustained by a trespasser with intent to commit a crime;

(2) Increasing the scope of "dwelling," in the context of criminal trespass in the first degree, to include the premises of the dwelling; and

(3) Expanding the crime of theft in the third degree to include the theft of property of any value while committing criminal trespass in the first degree of a dwelling, hotel, or an apartment building.

A concerned individual submitted testimony in support of this measure. The Office of the Public Defender opposed this bill. The City and County of Honolulu Department of the Prosecuting Attorney and County of Kauai Office of the Prosecuting Attorney provided comments.

Your Committee received testimony stating that the provisions that include property theft while committing criminal trespass in the first degree may result in a lesser offense than currently provided for by law.

Accordingly, your Committee has amended this bill by:

(1) Removing the provision that expanded the crime of theft in the third degree to include the theft of property while committing criminal trespass in the first degree;

(2) Changing the effective date to July 1, 2020, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 833, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 833, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

		____________________________ SYLVIA LUKE, Chair