HOUSE OF REPRESENTATIVES	H.B. NO.	64
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to burglary.

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

     SECTION 1.  The purpose of this Act is to hold perpetrators strictly liable for burglary of a dwelling if the resident or resident's guest is present during the burglary, and to mandate a sentence of ten years imprisonment upon conviction.

     SECTION 2.  Section 708-810, Hawaii Revised Statutes, is amended to read as follows:

     "§708-810  Burglary in the first degree.  (1)  A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:

    (a)   The person is armed with a dangerous instrument in the course of committing the offense; [or]

    (b)   The person intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense; [or]

    (c)   The person recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling[.]; or

(d) The building is the dwelling of another person and that person, or a guest of that person, is present in the dwelling at the time of the burglary; provided that proof that the person knew that the other person or guest was present shall not be required in any prosecution for an offense under this paragraph.

     (2)  An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom.

     (3)  Burglary in the first degree is a class B felony[.]; provided that a defendant convicted under paragraph (1)(d) shall be sentenced to a mandatory term of imprisonment of ten years without the possibility of parole."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Burglary of a Dwelling; Liability; Sentencing

Description:

Requires strict liability for burglary of a dwelling if the resident or resident's guest is present during the burglary.  Mandates a sentence of 10 years imprisonment upon conviction.

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