STAND. COM. REP. NO.  1141

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 1221

      S.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred S.B. No. 1221, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC HOUSING,"

begs leave to report as follows:

     The purpose of this bill is to amend the offense of criminal trespass in the first degree to include a person who enters or remains unlawfully at a public housing project after a reasonable request or warning to leave by housing authorities, provided that the person is not an invited guest.

     The Hawaii Public Housing Authority (HPHA) and many concerned individuals supported this bill.  The American Civil Liberties Union of Hawaii opposed this bill.

     Your Committee notes the constitutional concerns raised by the Department of the Attorney General in the testimony of HPHA.  Your Committee respectfully requests the Committee on Judiciary to consider these concerns.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1221, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Housing,

____________________________

RIDA CABANILLA, Chair