SB 2611: Trespass; Schools; Warnings

A BILL FOR AN ACT

RELATING TO SCHOOLS.

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

     SECTION 1.  The legislature finds that the safety of students and school employees is a top priority for the public education system in the State.  When students or school staff feel their personal security is at risk, the entire educational and extracurricular system is jeopardized due to the threat of aggression undermining the professional stability required for student success.

     The legislature believes that the department of education should have the power to deter violent misconduct on school premises with harsher penalties.

     Accordingly, the purpose of this Act is to include weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree.

     SECTION 2.  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] that the warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m. and on weekends and school holidays."

     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  Statutory material to be repealed is bracketed and stricken.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.

Report Title:

Trespass; Schools; Warnings

Description:

Includes weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to schools.

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

     SECTION 1.  The legislature finds that the safety of students and school employees is a top priority for the public education system in the State.  When students or school staff feel their personal security is at risk, the entire educational and extracurricular system is jeopardized due to the threat of aggression undermining the professional stability required for student success.

     The legislature believes that the department of education should have the power to deter violent misconduct on school premises with harsher penalties, including by issuing a lifetime ban for egregious offenders.

     Accordingly, the purpose of this Act is to:

     (1)  Include weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree; and

     (2)  Specify that, for the offense of criminal trespass in the first degree, a reasonable warning or request to leave school premises includes a written lifetime prohibition against the person entering the premises.

     SECTION 2.  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] that the warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m. and on weekends and school holidays.  For the purposes of this paragraph, "reasonable warning or request" includes a lifetime prohibition against the person entering the school premises where the prohibition is reasonably necessary to ensure the safety and security of students and employees, is communicated in writing within one year of the issuance of a previous written warning or request, whether or not a copy of the previous written warning or request is posted at the premises or retained by the county police department, and may include the following information:

          (i)  A warning statement notifying the person that the person is no longer allowed on the identified property or properties for a period of time, including up to a lifetime ban, from the date of the warning, and that a violation of the warning will subject the person to arrest and prosecution for the misdemeanor offense of criminal trespass in the first degree pursuant to this section;

         (ii)  The person's legal name and any aliases, a photograph, and, if applicable, a physical description including sex, race, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person;

        (iii)  The name of the person issuing the warning and the date and time the warning was given; and

         (iv)  The signature of the person issuing the warning, the signature of a witness or police officer who was present when the warning was issued and, if possible, the signature of the person receiving the warning."

     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.

Report Title:

Trespass; Schools; Warnings; Lifetime Prohibition

Description:

Includes weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree.  Specifies that, for the offense of criminal trespass in the first degree, a reasonable warning or request to leave school premises includes a written lifetime prohibition against the person entering the premises.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 3047

Honolulu, Hawaii

RE:     S.B. No. 2611

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2611, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SCHOOLS,"

begs leave to report as follows:

     The purpose and intent of this measure is to include weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree.

     Your Committee received testimony in support of this measure from the Department of Education and one individual.

     Your Committee finds that educational workers and sports officials in the State have been increasingly subject to harassment and violence.  Consequently, streamlining the ability of law enforcement to address trespass on school facilities would support the maintenance of a safe and secure learning and working environment for students and staff.  This measure will strengthen the safety and security of school communities.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2611, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2336

Honolulu, Hawaii

RE:     S.B. No. 2611

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Education, to which was referred S.B. No. 2611 entitled:

"A BILL FOR AN ACT RELATING TO SCHOOLS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Include weekends and holidays as times where a reasonable warning or request to leave school premises is not required for a person to commit the offense of criminal trespass in the first degree; and

     (2)  Specify that, for the offense of criminal trespass in the first degree, a reasonable warning or request to leave school premises includes a written lifetime prohibition against the person entering the premises.

     Your Committee received testimony in support of this measure from the Department of Education, Hawaiʻi State Teachers Association, and one individual.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that increasing instances of harassment and violence against educational workers jeopardize the safety and stability of educational environments.  This growing issue necessitates the expansion and streamlining of protective and preventative measures, such as trespass laws that promote campus security.  Your Committee further finds that empowering the Department of Education to issue harsher penalties against offenders may deter violent misconduct.  This measure strengthens the safety and security of school communities for students and staff. 

     Your Committee acknowledges the concerns raised in testimony by the Department of the Attorney General that while the intent of this measure is to provide broader enforcement of criminal trespass in the first degree on any public or private school premises, outlining specific written warning requirements in statute creates unnecessary obstacles to enforcement.  In addition to being burdensome, the Department of the Attorney General testified that these detailed requirements are unnecessary because existing statute broadly covers the requirement of a "reasonable warning or request", which includes scenarios involving lifetime prohibitions served on individuals by school officials.  Therefore, amendments to this measure are necessary to address these concerns.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that would have:

          (A)  Specified that, for the offense of criminal trespass in the first degree, a reasonable warning or request to leave school premises includes a lifetime prohibition against the person entering the premises; and

          (B)  Detailed information that may be included in the written warning or request; and

     (2)  Amending section 1 to reflect its amended purpose.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2611, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2611, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Education,