2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-818 Burglary of a building during a civil defense emergency or disaster relief period.

§708-818 Burglary of a building during a civil defense emergency or disaster relief period. (1) A person commits the offense of burglary of a building during a civil defense emergency or disaster relief period if the person intentionally enters or remains unlawfully in a building other than a dwelling with intent to commit therein a crime against a person or against property rights 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.

(2) Burglary of a building during a civil defense emergency or disaster relief period is a class B felony. [L 2006, c 116, pt of §3]

COMMENTARY ON §§708-817 AND 818

Act 116, Session Laws 2006, added these sections, classifying burglary of a dwelling during a civil defense emergency or during a period of disaster relief, as a class A felony and of a building during a civil defense emergency or during a period of disaster relief, as a class B felony. Act 116 penalized the commission of certain crimes during a time of a civil defense emergency proclaimed by the governor or during a period of disaster relief. The legislature found that Hurricanes Katrina and Rita created situations that highlighted the prevalence of opportunistic crimes that can occur during these times. When resources are needed to restore law and order, emergency response aid to victims may be hampered or delayed, leaving victims at an increased risk of bodily injury or death. Stronger measures to control law and order may deter looting and other crimes. House Standing Committee Report No. 757-06, Senate Standing Committee Report No. 3302, Conference Committee Report No. 64-06.