Report Title:

Theft; Felony

Description:

Provides that an individual caught with stolen property belong to three or more persons commits felony theft.

HOUSE OF REPRESENTATIVES

H.B. NO.

318

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to theft.

 

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

SECTION 1. The purpose of this Act is to increase to a felony, the penalty for committing theft against multiple victims in the same or separate incidents regardless of the value of the items taken. In recent years, property crime has become a problem in Hawaii that affects the quality of life for both residents and tourists alike. State law determines the degree of theft based on the value of the items taken and many of these cases involve thefts of property with negligible economic value. For instance, under mail theft or theft of identity documents, the offender is only charged with a petty misdemeanor.

A petty misdemeanor is punishable by minimal prison terms and fines with the result that the offender is released back into the community and able to re-offend. If the dollar amount does not exceed $300, offenders cannot currently be prosecuted for a felony. As a result, law enforcement officers are unable to charge the offender with a more serious offense that may deter further thefts, thereby stopping the cycle of theft from reoccurring. The economic basis should not be the sole means for determining the degree of theft involved, because it does not adequately address the problems faced by the community.

In the case of mail theft, the United States Postal Service has theft statutes to prosecute the offender; however prosecution in the federal court system is not always possible due to the large number of cases. Given the offender's intent to victimize multiple individuals, the legislature finds this increases the social impact on society and should carry a higher penalty. Because of this, the legislature finds that the offense of theft in the second degree should be amended to include thefts against multiple victims regardless of the value of the items taken.

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;

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

(c) Of property belonging to three or more persons in the same or separate incident, regardless of the value of the property;

[(c)] (d) Of an aquaculture 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)] (e) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, 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.

(2) Subsection (1)(c) shall only apply to thefts of three or more items where the items belong to three or more owners. For the purposes of subsection (1)(c), the three or more owners may own the three or more items of property either separately or jointly.

[(2)] (3) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [(c)] subsection (1)(d) and [(d)] (e) 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:

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