STAND. COM. REP. NO.  386-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 1794

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Housing, to which was referred H.B. No. 1794 entitled:

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

begs leave to report as follows:

The purpose of this measure is to broaden 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 a reasonable request or warning to leave by housing authorities, neighborhood watch, or a police officer.

The Hawaii Public Housing Authority and an individual testified in support of this measure.  The Honolulu Police Department testified in support of the intent of this measure.  The American Civil Liberties Union of Hawaii testified in opposition to this measure.

     Your Committee has amended this measure by:

(1)  Clarifying that the offense applies to state low-income public housing projects and federal low-income public housing projects; and

(2)  Limiting to only housing authorities the entities that may give a warning or request to leave.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1794, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1794, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

RIDA T.R. CABANILLA, Chair