STAND. COM. REP. NO. 1459_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 922
                                     S.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 922, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO UNAUTHORIZED CONTROL OF
     PROPELLED VEHICLE,"

begs leave to report as follows:

     The purpose of this bill it to amend the state of mind
required for the offense of unauthorized control of propelled
vehicle to include a knowing state of mind.

     Your Committee received testimony in support of this bill
from the Department of the Prosecuting Attorney for the City and
County of Honolulu and the Honolulu Police Department.  Comments
were received from the Office of the Public Defender.

     Your Committee finds that in the prosecution of a charge of
unauthorized control of propelled vehicle the State must prove
that the defendant intentionally exerted unauthorized control
over the vehicle. Consequently, the State may be unable to prove
guilt beyond a reasonable doubt when the defendant claims that he
thought he had permission from another person whom he believed to
be the owner or the agent of the automobile owner.  The inclusion
of the "knowing" state of mind to the offense would address this
problem.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and

 
 
                                 STAND. COM. REP. NO. 1459_______
                                 Page 2

 
purpose of S.B. No. 922, S.D. 1, and recommends that it pass
Second Reading and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair