RELATING TO SCHOOLS.

SB2611

THE SENATE

S.B. NO.

2611

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to schools
.

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

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SECTION 1.
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The
legislature finds that the safety of students and school employees is a top
priority for the public education system in the State.
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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.

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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.

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Accordingly, the purpose of this Act is to:

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(1)
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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

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(2)
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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.

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SECTION
2
.
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Section 708-813, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

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"(1)
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A person commits the offense of criminal trespass in the first degree
if:

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(a)
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That
person knowingly enters or remains unlawfully:

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(i)
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In a dwelling; or

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(ii)
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In or upon the premises of a hotel or
apartment building;

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(b)
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That
person:

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(i)
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Knowingly enters or remains unlawfully in or
upon premises that are fenced or enclosed in a manner designed to exclude
intruders; and

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(ii)
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Is in possession of a firearm, as
defined in section 134-1, at the time of the intrusion; or

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(c)
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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.
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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:

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(i)
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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;

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(ii)
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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;

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

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(iv)
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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.
"

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED
BY:

_____________________________

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.