STAND. COM. REP. NO. 659

Honolulu, Hawaii

RE:    S.B. No. 1617

       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 Judiciary and Labor, to which was referred S.B. No. 1617 entitled:

"A BILL FOR AN ACT RELATING TO LIMITING CIVIL LIABILITY,"

begs leave to report as follows:

     The purpose of this measure is to protect property owners by adding a new section to chapter 663, Hawaii Revised Statutes, Tort Actions, that limits the liability of an owner of an interest in real property toward a person who is injured or dies in the course of or as a result of committing, on the property owner's premises: murder in the first or second degree; attempted murder; any class A or class B felony enumerated in the Hawaii Penal Code (including attempt or conspiracy); any felony punishable by life imprisonment; any other felony in which the defendant inflicts great bodily injury on any person (other than an accomplice) or in which the defendant uses a firearm; or any felony in which the defendant personally uses a dangerous or deadly weapon.

Your Committee received testimony in support of this measure from Lessons in Firearms Education and numerous concerned individuals.  The Attorney General and the Hawaii Rifle Association testified in support and suggested amendments.

Your Committee finds that further consideration is appropriate regarding the Attorney General's suggestions to expand "owner" to include tenants and other household members, and to delete the provision that confers the limitation on liability only if the defendant is convicted of the felony (or included felony or misdemeanor).

     To permit further discussion, your Committee has amended this measure by changing its effective date to July 1, 2059.

     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. 1617, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1617, 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,

____________________________

CLAYTON HEE, Chair