THE SENATE	S.B. NO.	688
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SCHOOLS.

 

 

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] the 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 in or upon the street, sidewalk, or public way immediately adjacent to any school property, or any public right-of-way situated immediately adjacent to school property:

         (i)  During regular school hours or within one hour before or after the school day or one hour before or after a school-sponsored activity;

        (ii)  Without a lawful business purpose;

       (iii)  In interference with or disruption of the orderly operation, safety, or peaceful conduct of the school or school activity, through the person's presence or intentional actions; and

        (iv)  After reasonable warning or request to leave by school authorities or a police officer;

          unless the person is engaged in conduct that is protected under the Constitution of the United States."

     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  Statutory material to be repealed is bracketed and stricken.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.

 

 

 

Report Title:

Criminal Trespass; Schools; Roads; Streets; Highways

 

Description:

Prohibits persons from interfering with or disrupting the orderly operation, safety, or peaceful conduct of a school or school-related activity.  (SD1)

 

 

 

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