STAND. COM. REP. NO. 607

Honolulu, Hawaii

RE:    S.B. No. 1449

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Human Services and Public Housing, to which was referred S.B. No. 1449 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to increase public safety.

     Specifically this measure makes criminal trespass in the second degree applicable to public housing projects administered by the Hawaii Public Housing Authority.

     The Department of the Attorney General, Hawaii Public Housing Authority, and City and County of Honolulu Police Department submitted testimony in support of this measure.  The American Civil Liberties Union of Hawai‘i submitted testimony in opposition.

     Your Committee finds that the Hawaii Public Housing Authority and local law enforcement must have a well-defined, supporting law that gives the police authority to place persons charged with simple trespass on public housing properties under arrest.  This measure will help curb loitering, vandalism, and public drinking on public housing properties by making criminal trespass in the second degree applicable to public housing projects.

     It is your Committee's intent to help provide public housing residents with a safe and decent living environment.  Your Committee has amended this measure to provide guidelines and standards for issuing reasonable warnings or request to leave and to clarify that the authority does not extend to invited guests of residents.  Your Committee has further amended this measure by making technical, nonsubstantive changes for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services and Public Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1449, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1449, S.D. 1, and be referred to the Committee on Judiciary and Labor.

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

____________________________

SUZANNE CHUN OAKLAND, Chair