HOUSE OF REPRESENTATIVES

H.B. NO.

12

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PLANT THEFT.

 

 

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

 


     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§708-     Theft; agricultural product; sentencing.  (1)  Whenever a person is sentenced under sections 708-830.5, 708-831, 708-832, or 708‑833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:

    (a)   The value of the stolen agricultural product or commodity, pursuant to section 706-646; and

    (b)   The cost of replanting the agricultural product or commodity.

     (2)  For purposes of this section, "agricultural product or commodity" includes floricultural, horticultural, viticultural, aquacultural, forestry, shrubbery, nut, coffee, seed, and farm or plantation products or commodities, whether for personal or commercial use."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sentencing; Theft of Agricultural Products or Commodities

 

Description:

Requires a person who steals agricultural products or commodities to pay the property owner the value of the stolen product and the cost of replanting.

 

 

 

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