HOUSE OF REPRESENTATIVES	H.B. NO.	231
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public housing.

 

 

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

 

     SECTION 1.  Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§356D-     Guests; visitor passes.  (a)  Any visitor, upon entering the premises of a public housing project, shall acquire a visitor pass from the manager of the public housing project or the manager's designee; provided that a manager shall issue a visitor pass only to a visitor invited onto the premises by an adult tenant of the public housing project.

     (b)  The authority shall adopt rules pursuant to chapter 91 for the purposes of this section."

     SECTION 2.  Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of criminal trespass in the first degree if:

    (a)   That person knowingly enters or remains unlawfully:

         (i)  In a dwelling; or

        (ii)  In or upon the premises of a hotel or apartment building;

    (b)   That person:

         (i)  Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

        (ii)  Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

    (c)   That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided [however, such] that a warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.; or

    (d)   That person enters or remains unlawfully in or upon the premises of any public housing project, as defined in section 356D‑1 or 356D‑91, after reasonable warning or request to leave by housing management or authorities or a police officer; provided that remaining on the premises of any public housing project without a visitor's pass, pursuant to section 356D-   , shall be prima facie evidence of a violation of this section."

     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  Statutory material to be repealed is bracketed and stricken.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 on July 1, 2011.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Public Housing; Visitor Pass; Trespassing

 

Description:

Requires all visitors to public housing projects to receive a visitor pass from authorities of the public housing project.  Establishes the non-possession of a visitor pass as prima facie evidence of criminal trespass in the first degree.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.