HOUSE OF REPRESENTATIVES

H.B. NO.

38

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO UNLAWFUL CHOP SHOP ACTIVITY.

 

 

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

 


SECTION 1. The legislature finds that a chop shop is street vernacular for a location where stolen motor vehicles or motor vehicle parts are taken to be altered to conceal their true identity. Chop shop activity may include the theft of motor vehicles and motor vehicle parts, defacing vehicle identification numbers, re-stamping false vehicle identification numbers into stolen vehicles, and the re-sale of these stolen vehicles to unsuspecting, innocent buyers.

The purpose of this Act is to establish the criminal offenses of unlawful chop shop activity in the first and second degree, and to provide for the forfeiture of property connected with chop shop activity.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

UNLAWFUL CHOP SHOP ACTIVITY

708‑   Definitions. As used in this part:

"Chop shop" means:

(1) Any building, lot, or other premises that is used to store, destroy, dismantle, diassemble, or reassemble a motor vehicle or two or more motor vehicle parts that the person knows to have been stolen; or

(2) Any building lot, or other premises that is used to alter, conceal, disguise, or remove the vehicle identification number of at least one motor vehicle or two or more motor vehicle parts from at least one motor vehicle that the person knows to have been stolen.

"Motor vehicle" means any automobile, motorcycle, motorboat, or other motor-propelled vehicle.

"Vehicle identification number" means the number that the manufacturer or a governmental agency assigns to a motor vehicle for the purpose of identifying the motor vehicle or a major component part of the motor vehicle. "Vehicle identification number" includes any combination of numbers or letters.

708‑   Unlawful chop shop activity. A person commits unlawful chop shop activity if the person knowingly:

(a) Owns or operates a chop shop;

(b) Transports a stolen motor vehicle or two or more stolen motor vehicle parts to or from a chop shop;

(c) Sells or transfers to, or purchases or receives from a chop shop a stolen motor vehicle or two or more stolen motor vehicle parts; or

(d) Conducts or participates in the conduct of the affairs of any chop shop by:

(A) Storing, destroying, dismantling, disassembling, or reassembling a stolen motor vehicle or two or more stolen motor vehicle parts; or

(B) Altering, concealing, disguising, or removing the vehicle identification number of at least one stolen motor vehicle or two or more motor vehicle parts from at least one stolen motor vehicle.

708‑   Unlawful chop shop activity in the first degree. (1) A person commits the offense of unlawful chop shop activity in the first degree if the person commits unlawful chop shop activity and the total value of all stolen motor vehicles or stolen motor vehicle parts stored, transported, sold, transferred, purchased, received, destroyed, dismantled, disassembled, reassembled, or made unidentifiable by altering, concealing, disguising, or removing the vehicle identification number of the motor vehicle or motor vehicle parts by the person is equal to or greater than $250,000.

(2) Unlawful chop shop activity in the first degree is a class A felony.

708‑   Unlawful chop shop activity in the second degree. (1) A person commits the offense of unlawful chop shop activity in the second degree if the person commits unlawful chop shop activity and the total value of all stolen motor vehicles or stolen motor vehicle parts stored, transported, sold, transferred, purchased, received, destroyed, dismantled, disassembled, reassembled, or made unidentifiable by altering, concealing, disguising, or removing the vehicle identification number of the motor vehicle or motor vehicle parts by the person is less than $250,000, but equal to or greater than $100,000.

(2) Unlawful chop shop activity in the second degree is a class B felony.

708‑   Forfeiture of property connected with chop shop activity. Any motor vehicle, motor vehicle part, tool, implement, or real property possessed or used in violation of this part, or any money obtained in violation of this part may be ordered forfeited to the State, subject to the requirements of chapter 712A."

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. This Act shall take effect on July 1, 2013.


 


 

Report Title:

Unlawful Chop Shop Activity

 

Description:

Establishes the criminal offenses of unlawful chop shop activity in the first and second degrees. Provides for the forfeiture of property connected with chop shop activity. Effective July 1, 2013. (HB38 HD1)

 

 

 

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