STAND. COM. REP. NO. 871

Honolulu, Hawaii

RE:    S.B. No. 1573

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1573 entitled:

"A BILL FOR AN ACT RELATING TO ARSON,"

begs leave to report as follows:

     The purpose of this measure is to clarify that arson property damage over ten thousand square feet qualifies for special sentencing. 

     In addition, the measure also amends the misdemeanor offense of arson in the fourth degree to include recklessness to the state of mind requirement in the commission of arson.

     Your Committee finds that the current law regarding arson states that the damage to the property must be exactly ten thousand square feet to qualify for special sentencing considerations.  This bill would provide that the damage be ten thousand square feet or more.

     Your Committee heard testimony in support of the bill from the Honolulu Prosecuting Attorney's Office and heard testimony against the bill from the Public Defender's Office.  After further discussion, the Public Defender's Office withdrew its objection to the bill.

     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 S.B. No. 1573 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

____________________________

CLAYTON HEE, Chair