REPORT TITLE:
Criminal Trespass; Schools


DESCRIPTION:
Amends the offense of criminal trespass in the first degree.  For
occurrences on school property, between 10:00 p.m. and 5:00 a.m.,
the request to leave the premises will not be required prior to
arresting a person who enters or remains unlawfully. (SB3079 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3079
THE SENATE                              S.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL TRESPASS IN THE FIRST DEGREE.



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

 1      SECTION 1.  Section 708-813, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of criminal trespass in
 
 4 the first degree if:
 
 5      (a)  That person knowingly enters or remains unlawfully:
 
 6           (i)  In a dwelling; or
 
 7          (ii)  In or upon the premises of a hotel or apartment
 
 8                building;
 
 9      (b)  That person:
 
10           (i)  Knowingly enters or remains unlawfully in or upon
 
11                premises that are fenced or enclosed in a manner
 
12                designed to exclude intruders; and
 
13          (ii)  Is in possession of a firearm, as defined in
 
14                section 134-1, at the time of the intrusion; or
 
15      (c)  That person enters or remains unlawfully in or upon the
 
16           premises of any public school as defined in section
 
17           [302A-501,] 302A-101, or any private school, after
 
18           reasonable warning or request to leave by school
 
19           authorities or a police officer[.]; provided however,
 

 
Page 2                                                     3079
                                     S.B. NO.           H.D. 1
                                                        
                                                        

 
 1           such warning or request to leave shall be unnecessary
 
 2           between 10:00 p.m. and 5:00 a.m."
 
 3      SECTION 2.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.