THE SENATE	S.B. NO.	2278
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to public housing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of criminal trespass in the first degree if:

    (a)   That person knowingly enters or remains unlawfully:

         (i)  In a dwelling; or

        (ii)  In or upon the premises of a hotel or apartment building;

    (b)   That person:

         (i)  Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

        (ii)  Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

    (c)   That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided [however, such] that a warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.; or

(d) That person enters or remains unlawfully in or upon the premises of any public housing project, as defined in section 356D-1, 356D-51, or 356D-91, after reasonable warning or request to leave by housing authorities; provided that the person is not an invited guest.

For purposes of this section:

"Housing authorities" means resident managers or managers, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority.

"Invited guest" means a person who enters or remains in or upon the premises of any public housing project in response to an express or implied invitation of a resident and who is not in violation of any law or public housing project rule."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2010.

INTRODUCED BY:

_____________________________

Report Title:

Criminal Trespass; Public Housing Project

Description:

Amends criminal trespass in the first degree to include a person who enters or remains unlawfully in or upon the premises of a public housing project after reasonable request or warning to leave by housing authorities; excludes an invited guest.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.