Bill Text: HI HB2454 | 2010 | Regular Session | Introduced

Hawaii House Bill 2454 (Prior Session Legislation)

Introduced

Bill Title: Criminal Trespass; Enforcement

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-01-25 - (H) Referred to JUD, referral sheet 5 [HB2454 Detail]

Download: Hawaii-2010-HB2454-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2454
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to TRESPASSing.

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

SECTION 1. Section 708-814, Hawaii Revised Statutes, is amended to read as follows:

"§708-814 Criminal trespass in the second degree. (1) A person commits the offense of criminal trespass in the second degree if:

(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a [~~police officer;~~] law enforcement officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708‑814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

(iii) The name of the person giving the warning along with the date and time the warning was given; and

(iv) The signature of the person giving the warning, the signature of a witness or [~~police officer~~] law enforcement officer who was present when the warning was given and, if possible, the signature of the violator; or

(c) The person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders;

(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows: "Private Property". The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

(iii) At the time of entry, have a visible presence of a crop:

(A) Under cultivation;

(B) In the process of being harvested; or

(2) A law enforcement officer, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that the person has committed an offense under this section, even if the offense was not committed in the officer's presence. Anyone in the act of committing an offense under this section may be arrested by any person present. For purposes of this section, "law enforcement officer" has the same meaning as provided in section 710-1000.

[~~(2)~~] (3) Criminal trespass in the second degree is a petty misdemeanor."

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.

INTRODUCED BY:	_____________________________

Report Title:

Criminal Trespass; Enforcement

Description:

Clarifies the authority of a police officer to arrest a person suspected of committing the offense of criminal trespass in the second degree upon a reasonable suspicion.

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