HOUSE OF REPRESENTATIVES

H.B. NO.

1869

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Agriculture.

 

 

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

 


     SECTION 1.  Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:

     "§708-830.5  Theft in the first degree.  (1)  A person commits the offense of theft in the first degree if the person commits theft:

    (a)   Of property or services, the value of which exceeds $20,000;

    (b)   Of a firearm;

    (c)   Of dynamite or other explosive; [or]

    (d)   Of property or services 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, the value of which exceeds $300[.];

    (e)   Of an aquacultural product or part thereof from premises that are 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

    (f)   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.

     (2)  Theft in the first degree is a class B felony.  A person convicted of committing the offense of theft in the first degree under subsection (1)(e) and (f) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater."

     SECTION 2.  Section 708-831, Hawaii Revised Statutes, is amended to read as follows:

     "§708-831  Theft in the second degree.  (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; or

    (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.]

     (2)  Theft in the second degree is a class C felony.  [A person convicted of committing the offense of theft in the second degree under [subsection (1)](c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.]"

     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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Agriculture; Theft

 

Description:

Makes agricultural theft a class B felony.

 

 

 

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