Bill Text: HI SB786 | 2010 | Regular Session | Amended
Bill Title: Historic Places; Trespass; Property Damage
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB786 Detail]
Download: Hawaii-2010-SB786-Amended.html
Report Title:
Historic Places; Trespass; Property Damage
Description:
Makes the entering or remaining unlawfully on property listed in the Hawaii register of historic places after warning or request to leave, an offense of criminal trespass in the first degree. Makes the intentional or knowing damage to property on the Hawaii register of historic places an offense of criminal property damage in the first degree. (SD1)
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THE SENATE |
S.B. NO. |
786 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HISTORIC PLACES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 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 premises of a property listed on the Hawaii register of historic places after reasonable warning or request to leave that property."
SECTION 2. Section 708-820, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of criminal property damage in the first degree if by means other than fire:
(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;
(c) The person intentionally or knowingly damages the
property of another during the time of a civil defense emergency proclaimed by
the governor pursuant to chapter 128, within the area covered by the civil
defense emergency or during the period of disaster relief under chapter 127; [or]
(d) The person intentionally or knowingly damages the
agricultural equipment, supplies, or products or aquacultural equipment,
supplies, or products of another, including trees, bushes, or any other plant
and livestock of another, without the other's consent, in an amount exceeding
$1,500. In calculating the amount of damages to agricultural products, the
amount of damages includes future losses and the loss of future production[.];
or
(e) The person intentionally or knowingly damages property on the Hawaii register of historic places or damages property that contributes to a site on the Hawaii register of historic places."
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 upon its approval.
