Bill Text: HI SB2532 | 2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Crime.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2024-07-09 - Act 240, 07/09/2024 (Gov. Msg. No. 1345). [SB2532 Detail]

Download: Hawaii-2024-SB2532-Amended.html

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THE SENATE	S.B. NO.	2532
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CRIME.

 

 

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

 

     SECTION 1.  The legislature finds that there has been an increase in criminal acts by non-residents within the secured areas of multi-unit dwellings.  As the number of multi-unit dwellings continues to rise in the foreseeable future, the efforts of law enforcement agencies and county prosecuting offices need to be directed, whenever possible, toward investigating and prosecuting the criminal acts of non-residents within the secured areas of multi-unit dwellings as burglaries.  Burglary, as opposed to theft, is not only an offense against property rights, it is an offense against the fundamental sense of security and well-being of the owner whose property has been unlawfully entered.

     Pursuant to section 708-810, Hawaii Revised Statutes, burglary of a dwelling is a class B felony, regardless of the value of any property stolen or damaged or any other crime committed or attempted during the unlawful entry.  The legislature notes with concern the frequent reluctance of county law enforcement and prosecutor's offices to investigate and prosecute burglaries of secured parking and storage areas within apartment buildings and condominiums, despite the clear danger posed to the buildings' residents.  The legislature also notes that, with respect to the burglary of a parking or storage area within a multi-unit dwelling, it is also the building owner or condominium association whose property has been invaded who may be in the best position to follow through with law enforcement agencies to provide evidence and cooperate with the prosecution of the crime.

     Accordingly, the purpose of this Act is to:

     (1)  Clarify that the secured areas appurtenant to a building, including a multi-unit building, are included as dwellings for the purposes of prosecuting offenses under chapter 708, Hawaii Revised Statutes; and

     (2)  Allow the owner of the building, the owner of an individual unit of the building, a property manager, or an authorized representative of the condominium association to act as a complainant for the purpose of investigating and prosecuting a burglary in the first degree in a multi-unit building.

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by amending the definition of "dwelling" to read as follows:

     ""Dwelling" means a building, including a multi-unit building, which is used or usually used by a person or persons for lodging[.], and shall include any clearly marked and secured appurtenant parking or storage area, including:

     (1)  A fully enclosed and fenced area;

     (2)  An area surrounded by a single chain or rope;

     (3)  A gated parking lot that is open to the public but requires the pulling of a ticket to enter; and

     (4)  An open area that is monitored by a security guard or security cameras."

     SECTION 3.  Section 708-810, Hawaii Revised Statutes, is amended to read as follows:

     "§708-810  Burglary in the first degree.  (1)  A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:

     (a)  The person is armed with a dangerous instrument in the course of committing the offense;

     (b)  The person intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense; or

     (c)  The person recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling.

     (2)  An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom.

     (3)  In the case of a dwelling that is a multi-unit building, an owner of the building, an owner of an individual unit of the building, a property manager, or an authorized representative of the condominium association, may act as a complainant.

     [(3)] (4)  Burglary in the first degree is a class B felony."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Burglary; Multi-Unit Building; Dwelling; Appurtenant; Secured Areas

 

Description:

Clarifies that the secured areas appurtenant to a building, including a multi-unit building, are included as dwellings for the purposes of prosecuting offenses under chapter 708, HRS.  Allows the owner of the building, an owner of an individual unit of the building, a property manager, or an authorized representative of the condominium association to act as a complainant for the purpose of investigating and prosecuting a burglary in the first degree in a multi-unit building.  (SD1)

 

 

 

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