Bill Text: HI SB1008 | 2018 | Regular Session | Amended
Bill Title: Relating To Criminal Trespass.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to TRE, JDC. [SB1008 Detail]
Download: Hawaii-2018-SB1008-Amended.html
|
THE SENATE |
S.B. NO. |
1008 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMINAL TRESPASS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that it is necessary to add a new criminal trespass section to protect against people remaining on improved state department of transportation land when it is closed or otherwise restricted and on or under state highways.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:
"§708- Criminal trespass onto state department of transportation lands. (1) A person commits the offense of criminal trespass onto state department of transportation lands if:
(a) The person enters or remains unlawfully in or upon any improved state department of transportation land when:
(i) Such land is closed to public use and its closure hours are posted on a sign or signs on the improved state department of transportation land; or
(ii) Such land is not open to the public and there is a sign or signs sufficient to give reasonable notice that read: "Government Property - No Trespassing"; provided that the signs shall contain letters not less than two inches in height and shall be placed at reasonable intervals 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
(b) The person enters or remains unlawfully in or upon any state department of transportation land on or under any highway, and the state department of transportation land has a sign or signs displayed upon the land sufficient to give reasonable notice that read: "Government Property – No Trespassing"; provided that the signs shall contain letters not less than two inches in height and shall be placed at reasonable intervals 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.
(2) For the purposes of this section, unless the context requires otherwise:
"Highway" has the same meaning as in section 286-2.
"Improved state department of transportation land" means any state department of transportation land upon which there is improvement, including any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land, including but not limited to harbors under the care and control of the department of transportation under chapter 266 or airports under the care and control of the department of transportation under chapter 261. "Improved state department of transportation land" shall not include land that has minor improvements, including utility poles, signage, and irrigation facilities or systems; or minor alterations undertaken for the preservation or prudent management of unimproved or unused land, including fences, trails, or pathways. Land shall not be considered "improved state department of transportation land" solely due to state maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; or the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties.
"State department of transportation lands" means all land owned by the State through its department of transportation or otherwise under the jurisdiction or management of its department of transportation.
(3) Criminal trespass onto state department of transportation lands is a petty misdemeanor."
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. New statutory material is underscored.
SECTION 5. This Act upon its approval shall take effect on July 1, 2017.
Report Title:
Criminal Trespass; State Department of Transportation Lands; State Highways
Description:
Adds the offense of criminal trespass onto State Department of Transportation lands to the penal code. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
