HOUSE OF REPRESENTATIVES	H.B. NO.	2064
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to Grave desecration.

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

     SECTION 1.  Section 711-1107, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1107  Desecration.  (1)  A person commits the offense of desecration if the person intentionally desecrates:

    (a)   Any public monument or structure; or

    (b)   A place of worship [or burial]; or

    (c)   In a public place the national flag or any other object of veneration by a substantial segment of the public.

(2)  A person commits the offense of desecration if the person intentionally or negligently desecrates a grave or other place of burial.

     [(2)] (3)  "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action.

     [(3)] (4)  Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both."

     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  Statutory material to be repealed is bracketed and stricken.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 upon its approval.

INTRODUCED BY:

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Report Title:

Grave Desecration

Description:

Expands criminal offense of desecration to include the negligent desecration of a grave or place of burial.

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