STAND. COM. REP. NO. 639

Honolulu, Hawaii

RE:    S.B. No. 967

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 967, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Provide that certain areas within Hawaii Public Housing Authority housing projects are closed to the public;

     (2)  Establish requirements for signage notifying trespassers of illegal entry; and

     (3)  Amend the offense of criminal trespass in the second degree to permit the prosecution of an unauthorized entry or a violation of a written prohibition to enter into housing projects that are closed and duly noticed to the public.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority and two individuals.

     Your Committee finds that criminal activity and disturbances caused by uninvited individuals are increasing in public housing projects in Hawaii.  The perception that public housing projects are open to the public at all times makes these incidents difficult to prevent and resolve.  Your Committee further finds that these incidents are detrimental to the safety of the residents and staff of Hawaii's public housing projects.  This measure clarifies what property within public housing projects is closed to the public and assists law enforcement officers in ensuring the safety of public housing project residents and staff.

     Your Committee has amended this measure by:

     (1)  Deleting references to "subject housing project" for purpose of consistency;

     (2)  Replacing language for the definitions of "member of the public" and "reasonable warning or request" with applicable cross-references;

     (3)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 967, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 967, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair