STAND. COM. REP. NO. 682

Honolulu, Hawaii

, 2023

RE: H.B. No. 1355

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1355 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL TRESPASS,"

begs leave to report as follows:

The purpose of this measure is to establish the civil infraction of trespass onto real property and monetary penalties therefor.

Your Committee received testimony in support of this measure from the Office of the Public Defender; Wasa Electrical Services, Inc.; NAIOP Hawaii; Community Associations Institute Legislative Action Committee; Hawaii Regional Council of Carpenters; Pacific Resource Partnership; Nan Inc; Form Partners LLC; American Savings Bank; and five individuals. Your Committee received testimony in opposition to this measure from the James Campbell Corporation, Hawaii Cattlemen's Council, Hawai‘i Farm Bureau, Momentum Development Company, and three individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the civil infraction of trespass onto real property established by this measure is similar to the existing offense of simple trespass under the Hawaii Penal Code. Your Committee further finds that simple trespass is currently adjudicated as a criminal offense even though it is a violation. Your Committee believes that judicial efficiency would be better served by amending the offense of simple trespass to make it a civil infraction of trespass onto real property and establishing monetary penalties therefor.

Accordingly, your Committee has amended this measure by:

(1) Amending the offense of simple trespass to incorporate the civil infraction of trespass onto real property and monetary penalties therefor;

(2) Changing the effective date to June 30, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments 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. 1355, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1355, H.D. 1, and be referred to your Committee on Finance.

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

____________________________

DAVID A. TARNAS, Chair