Report Title:

Destruction of Crops; Penalties

 

Description:

Criminalizes the destruction of crops.

 

THE SENATE

S.B. NO.

640

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agriculture.

 

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 be appropriately designated and to read as follows:

"§708- Destruction of crops. (a) A person commits the offense of destruction of crops if the person damages or destroys any field crop product that is grown for personal or commercial purposes, or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university, or any federal, state, or local government agency.

(b) Destruction of crops is a class C felony.

(c) A person convicted of committing the offense of destruction of crops shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a fine of at least $1,000 or restitution, whichever is greater.

(d) Restitution shall be limited to twice the market value of the crop prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed.

(e) In awarding damages for a violation of this section, the court shall consider the market value of the crop prior to damage or destruction, and production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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