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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1794 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 1 |
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STATE OF HAWAII |
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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 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 a reasonable warning or request to leave by school
authorities or a police officer; provided [however, such] that a
warning or request to leave shall not be [unnecessary] necessary
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 state low-income public housing project or federal low-income public housing project, after a reasonable warning or request to leave by housing authorities; provided that the person is not an invited guest of a resident and is not in the presence of the resident.
(2) As used in this section:
"Housing authorities" means resident managers or managers, tenant monitors, security guards, or other persons 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 invitation by a resident and who is in the presence of the resident.
[(2)] (3) Criminal trespass in
the first degree is a misdemeanor."
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 Statutory material to be repealed is bracketed and stricken.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 January 1, 2013.
Report Title:
Criminal Trespass; Public Housing Project
Description:
Broadens criminal trespass in the 1st degree to include a person who enters or remains unlawfully in or upon the premises of a state low-income public housing project or federal low-income public housing project. Effective January 1, 2013. (HB1794 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.