STAND. COM. REP. NO. 362
Honolulu, Hawaii
, 2005
RE: H.B. No. 833
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Water, Land, & Ocean Resources, 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 apartment building.
A concerned individual offered testimony in support of this bill. The Consumer Lawyers of Hawaii submitted testimony in opposition to this measure.
Your Committee finds that a victim of a trespass or theft of property should not be victimized twice by being forced to pay for damages committed during the crime. This bill prevents a perpetrator from recovering damages incurred during the commission of a crime, as well as strengthens the trespass and theft laws relating to residential property, a misdemeanor offense.
As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 833 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Water, Land, & Ocean Resources,
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____________________________ EZRA R. KANOHO, Chair |
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