STAND. COM. REP. NO. 165

Honolulu, Hawaii

RE:    S.B. No. 1221

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

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

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

begs leave to report as follows:

     The purpose of this measure is to amend the offense of 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 or a police officer, and to exclude an invited guest.

     Testimony in support of this measure was submitted by one state agency and one private citizen.  Testimony in opposition was submitted by one county agency and one private organization.

     Your Committee has heard that the proposed language in this measure would be very difficult, if not impossible, for the Honolulu Police Department to enforce.  A majority of the public housing projects have no onsite housing authority or security present during all hours of the day.  Therefore, a "warning or request to leave" could not be established.  In addition, a time period where no warning is necessary is impractical, as the police have no access to resident listings to verify who may be a resident or guest.

     Your Committee has amended this measure accordingly, by:

     (1)  Deleting the reference to a police officer and the time limitations;

     (2)  Adding references to sections 356D-41 and 356D-51, Hawaii Revised Statutes, relating to how a public housing project is defined; and

     (3)  Adding a definition of "housing authorities".

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

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

____________________________

NORMAN SAKAMOTO, Chair