SB1617 HD1

THE SENATE	S.B. NO.	1617
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO LIMITING CIVIL LIABILITY.

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

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663- Owner to felon; limited liability. (a) An owner, including a public entity, of any interest in real property shall not be liable for any injury to a person that occurs upon the real property during the course of the commission by the injured person of any felony specified in subsection (b).

(b) The felonies to which this section applies are the following:

(1) Murder in the first or second degree;

(2) Attempted murder;

(3) Any class A felony enumerated in the Hawaii Penal Code, including any attempt or conspiracy to commit a crime classified as a class A felony;

(4) Any class B felony enumerated in the Hawaii Penal Code, including any attempt or conspiracy to commit a crime classified as a class B felony;

(5) Any felony punishable by imprisonment in the state prison for life;

(6) Any other felony in which the defendant inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant uses a firearm; or

(7) Any felony in which the defendant personally used a dangerous or deadly weapon;

(c) The limitation on liability conferred by this section applies only when the injured person's conduct in furtherance of the commission of a felony specified in subsection (b) proximately causes the injury.

(d) The limitation on liability conferred by this section takes effect only upon the charge of a felony listed in subsection (b) and the subsequent conviction of that felony or a lesser included felony or misdemeanor arising from a charge of a felony listed in subsection (b). During the pendency of any such criminal action, a civil action alleging this liability shall be abated and the statute of limitations on the civil cause of action shall be tolled.

(e) This section does not limit the liability of an owner or an owner's agent which otherwise exists for wilful, wanton, or criminal conduct, or for wilful failure to guard or warn against a dangerous condition, use, or structure.

(f) The limitation on liability provided by this section shall be in addition to any other available defense."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2059.