Report Title:

Burglary; Dangerous Instrument

Description:

Creates a new offense of burglary in the first degree involving a dangerous instrument.  Defines "dangerous instrument".

HOUSE OF REPRESENTATIVES	H.B. NO.	2729
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BURGLARY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§708-A Burglary in the first degree. (1)  A person commits the offense of burglary in the first degree if the person intentionally:

(a) Enters or remains unlawfully in a dwelling, with intent to commit therein a crime against a person or against property rights; and

(b) Is armed with a dangerous instrument in the course of committing the offense.

(2)  For purposes of this section:

(a) An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom; and

(b) "Dangerous instrument" means any firearm, regardless of whether loaded and operable, or other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.

(3)  Burglary in the first degree is a class A felony."

     SECTION 2.  Section 708-810, Hawaii Revised Statutes, is amended to read as follows:

     "§708-810  Burglary in the [first] second degree.  (1)  A person commits the offense of burglary in the [first] second degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:

    (a)   The person is armed with a dangerous instrument in the course of committing the offense; or

    (b)   The person intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense[; or

(c) The person recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling].

(2)  For purposes of this section:

    [(2)] (a)  An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom[.]; and

(b) "Dangerous instrument" has the same meaning as in section 708-A.

     (3)  Burglary in the [first] second degree is a class B felony."

     SECTION 3.  Section 708-811, Hawaii Revised Statutes, is amended to read as follows:

     "§708-811  Burglary in the [second] third degree.  (1)  A person commits the offense of burglary in the [second] third degree if the person intentionally enters or remains unlawfully in a building with intent to commit therein a crime against a person or against property rights.

     (2)  Burglary in the [second] third degree is a class C felony."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  In codifying the new section added by section 1 of this Act, the revisor of statutes shall substitute the appropriate section number for the letter used in designating the new section in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

INTRODUCED BY:

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