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. 833, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to exempt an owner of residential real property from civil liability for damages suffered by a person who trespasses on the property with the intent to commit a crime. This measure also amends the criminal offense of trespass in the first degree by including trespass on the premises of a dwelling.

Testimony in support of the measure was submitted by one individual. Testimony in opposition to the measure was submitted by the Consumer Lawyers of Hawaii and the Office of the Public Defender.

This measure affords the owner of residential real property absolute civil immunity for damages suffered by a person who trespasses on the property with the intent to commit a separate crime on the property. Your Committee finds that this measure is designed to address civil liability issues that may arise when an individual trespasses onto the residential real property of another and is injured.

Your Committee has amended this measure by amending the definition of dwelling, as used in the criminal trespass laws, to include the roof of a building used for lodging and to replace language amending the specific offense of trespass in the first degree.

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. 833, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 833, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.