STAND. COM. REP. NO.  704

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1363

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Human Services & Housing, to which was referred H.B. No. 1363 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS IN THE SECOND DEGREE,"

begs leave to report as follows:

     The purpose of this bill is to protect the public housing residents and their guests by making criminal trespass in the second degree applicable to public housing projects administered by the Hawaii Public Housing Authority (HPHA).

     HPHA and the Honolulu Police Department testified in support of this bill.  The American Civil Liberties Union of Hawaii and a concerned individual opposed this measure.

     Your Committee has amended this bill by:

     (1)  Removing the provision that would have required reasonable warning or request to leave by housing authorities or a police officer;

     (2)  Establishing the act of a person knowingly entering or remaining unlawfully in or upon the premises of a public housing project as a violation of criminal trespass in the second degree; and

     (3)  Making other technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1363, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1363, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services & Housing,

____________________________

MAILE SHIMABUKURO, Chair