HOUSE OF REPRESENTATIVES	H.B. NO.	304
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

relating to CRIMINAL TRESPASS.

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

     SECTION 1.  The purpose of this Act is to clarify that a person who has been provided with a reasonable warning or request to leave commercial premises, in accordance with section 708-814(1)(b), may be held criminally liable for the offense of burglary in the second degree if the person enters or remains unlawfully in or upon commercial premises, in defiance of the reasonable warning or request to leave, with intent to commit therein a crime against a person or against property rights; and that a reasonable warning or request to leave commercial premises may include all commercial premises owned or leased by an owner or lessee, respectively.

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by amending the definition of "enter or remain unlawfully" to read as follows:

     ""Enter or remain unlawfully" means to enter or remain in or upon premises when the person is not licensed, invited, or otherwise privileged to do so.  A person who, regardless of the person's intent, enters or remains in or upon premises [which] that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person[.], including a reasonable warning or request to leave by the owner or lessee of commercial premises, the owner's or lessee's authorized agent, or a police officer made in accordance with section 708-814(1)(b).  A license or privilege to enter or remain in a building [which] that is only partly open to the public is not a license or privilege to enter or remain in that part of the building [which] that is not open to the public."

     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  Statutory material to be repealed is bracketed and stricken.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:	_____________________________
	By Request

Report Title:

Honolulu Prosecuting Attorney Package; Trespass; Definitions; Enter or Remain Unlawfully

Description:

Amends the conditions under which the definition of "enter or remain unlawfully" shall apply with reference to criminal trespass in the second degree.

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