Bill Text: HI SB125 | 2010 | Regular Session | Introduced
Bill Title: Criminal Trespass
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB125 Detail]
Download: Hawaii-2010-SB125-Introduced.html
Report Title:
Criminal Trespass
Description:
Makes unlawful entry onto the curtilage of a house or dwelling an offense of criminal trespass in the first degree and makes it a felony.
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THE SENATE |
S.B. NO. |
125 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIMINAL TRESPASS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-813, Hawaii Revised Statutes, is amended to read as follows:
"§708-813 Criminal trespass in the first degree. (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 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 the curtilage of a house or dwelling, which from the circumstances, poses a serious risk of causing harm to the inhabitants therein.
(2) Criminal trespass in the first degree is a
misdemeanor[.]; provided that a criminal trespass under subsection
(1)(d) shall be a class C felony."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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