HB1147

SECTION 1. Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal trespass in the second degree if:

(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

(iii) The name of the person giving the warning along with the date and time the warning was given; and

(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator; [or]

(c) The person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders;

(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows: "Private Property." The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

(iii) At the time of entry, have a visible presence of a crop:

(A) Under cultivation;

(B) In the process of being harvested; or

(d) The person knowingly enters or remains in or upon any public property other than a public park or recreational ground without permission of the lawful custodian of the public property or the lawful custodian's authorized representative, at a time when the public property is not open to the public; or

(e) The person enters or remains unlawfully in or upon any public property other than a public park or recreational ground after a request to leave by the lawful custodian of the public property or the lawful custodian's authorized representative, who has determined that the person:

(i) Does not have any lawful business to conduct on the public property;

(ii) Is interfering or obstructing with the use or activities to which the public property is dedicated;

(iii) Is violating any rule relating to use or occupancy of the public property where the rule is specified on a sign or notice posted on the public property or where the person has been advised of the rule by the lawful custodian of the public property, the lawful custodian's authorized representative, or any law enforcement officer.

For the purposes of this paragraph "law enforcement officer" has the same meaning as in section 710-1000;

(iv) Is violating any term of use contained in, or the expiration of, any permit relating to the person's presence on the property; or

(v) The public property is in danger of being damaged or destroyed as a result of the person entering or remaining on the public property."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1147
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII