SB2276 HD1.DOC

SECTION 1. Section 281-78, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall possess any open liquor container or consume any liquor on any:

(1) Public highway, except as permitted in section 291‑3.4;

(2) Public sidewalk[~~, including any~~];

(3) Any sidewalk within a public housing project as defined in section 356D-1 or 356D-91; or

[~~(3)~~] (4) Common area of a public housing project as defined in section 356D-1 or 356D-91. For purposes of this paragraph, "common area" means roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and [[]exits[]] of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project normally in common use or other areas designated by the Hawaii public housing authority.

For the purposes of paragraphs (3) and (4), possessing an open liquor container shall be prima facie evidence that a person is consuming liquor."

SECTION 2. Section 356D-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:

(1) Failure to pay rent when due;

(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;

(3) Violation of any of the rules of the authority;

(4) The tenant's invited guest repeatedly violates section 281-78(a)(3) or 281-78(a)(4);

[~~(4)~~] (5) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition; or

[~~(5)~~] (6) The existence of any other circumstances giving rise to an immediate right to possession by the authority."

SECTION 3. Section 708-813, Hawaii Revised Statutes, is amended to read as follows:

"§708-813 Criminal trespass in the first degree. (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 warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.; or

(d) That person:

(i) Is present on the premises of a public housing project;

(ii) Is a guest of a tenant of the public housing project and is not accompanied by the tenant;

(iii) Violates section 281-78(a)(3) or 281-78(a)(4); and

(iv) Remains unlawfully on a sidewalk or in a common area of that public housing project after reasonable warning or request to leave by housing authority management or a police officer.

As used in this subsection:

"Common area" means roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project normally in common use or other areas designated by the Hawaii public housing authority.

"Housing authority management" means housing authority employees or agents officially designated by the Hawaii public housing authority to manage the public housing project or to enforce rules relating to the project, including resident managers or managers, tenant monitors, or security guards.

"Public housing project" means a housing project as defined in section 356D-1 and 356D-91.

(2) Criminal trespass in the first degree is a misdemeanor."

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2010.

THE SENATE	S.B. NO.	2276
TWENTY-FIFTH LEGISLATURE, 2010		S.D. 1
STATE OF HAWAII		H.D. 1