STAND. COM. REP. NO. 3335

Honolulu, Hawaii

RE:    H.B. No. 2729

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2729, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BURGLARY,"

begs leave to report as follows:

     The purpose of this measure is to create a criminal offense of burglary in the first degree, a class A felony.

     Your Committee received testimony in support of this measure from the Honolulu Prosecuting Attorney, Honolulu Police Department, and Hawaii Rifle Association.  Testimony in opposition was received from the State Public Defender. 

     Under this measure, burglary in the first degree is committed when a person intentionally enters or remains unlawfully in a dwelling with the intent to commit a crime against a person or property therein, and is armed with a dangerous instrument in the course of committing the offense.  This measure makes the existing crime of burglary in the first degree into burglary in the second degree and defines the existing term "in the course of committing the offense".  The measure also makes the existing crime of burglary in the second degree into burglary in the third degree.

     Your Committee intends this measure to apply particularly to home invasion type burglaries, which are committed by burglars who are armed and dangerous.  Your Committee believes the class A felony designation is warranted in view of the premeditated and vicious nature of home invasions that have been known to result in death of or serious injury to the home's occupants.

     Your Committee has amended this measure by:

     (1)  Changing the definition of "dangerous instrument" to include firearms, among other things, on the recommendation of the Honolulu Prosecuting Attorney; and

     (2)  Changing the effective date to July 1, 2050, to continue the discussions on this matter.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2729, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2729, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair