STAND. COM. REP. NO. 761

Honolulu, Hawaii

, 2021

RE: H.B. No. 818

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 818 entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL TRESPASS ONTO STATE LANDS,"

begs leave to report as follows:

The purpose of this measure is to provide that the facts and circumstances to be considered in establishing the offenses of criminal trespass in the second degree and criminal trespass onto state lands may include authenticated photographs, video recordings, or other recordings that show the commission of the offense.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Department of Public Safety and Department of the Prosecuting Attorney of the City and County of Honolulu.

Your Committee finds that this measure is consistent with best evidence practices in proving criminal offenses.

Your Committee has amended this measure by:

(1) Clarifying that the facts and circumstances to be considered may include but not be limited to authenticated photographs, video recordings, or other recordings that show the commission of the offense; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 818, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 818, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair