HOUSE OF REPRESENTATIVES

H.B. NO.

1524

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agricultural theft.

 

 

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

 


     SECTION 1.  Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of theft in the second degree if the person commits theft:

     (a)  Of property from the person of another;

     (b)  Of property or services the value of which exceeds $300;

     (c)  Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property"; or

     (d)  Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property".  The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line.  Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen. Possession, while on the premises and without the consent of the owner, of more than five pounds of an agricultural product of the type that is grown on the premises is prima facie evidence that the product is or has been stolen, unless the person in possession of the product provides a bill of sale."  

     SECTION 2.  New statutory material is underscored.   SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________


Report Title:

Agricultural Theft; Possession; Prima Facie Evidence

 

Description:

Establishes, under the agricultural theft law, that possession of more than five pounds of an agricultural product grown on the premises is prima facie evidence that the product has been stolen, unless a bill of sale is provided.

 

 

 

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