STAND. COM. REP. NO. 916________

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1529
                                     H.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 H.B. No. 1529 entitled: 

     "A BILL FOR AN ACT RELATING TO ROBBERY,"

begs leave to report as follows:

     The purpose of this bill is to clarify that the offense of
robbery does not require the victim or any other person present
to be aware of the theft or the attempted theft of the property.

     Testimony in support of this bill was received by the
Department of the Prosecuting Attorney, City and County of
Honolulu.  Additional testimony was received from the Office of
the Public Defender.

     Your Committee finds that a recent Hawaii Supreme Court
decision in State v. Mitsuda, 86 Haw. 37 (1997), recon. denied
October 13, 1997, held that where a defendant threatens the
imminent use of force against any person present with the intent
to compel acquiescence to the taking of or escaping with
property, the victim must be aware of the theft of the property
for the offense of robbery in the first degree to have occurred.
Your Committee believes that this was not the intent of the
legislature when it originally enacted this law providing for the
offense of robbery in the first degree.

     Your Committee has amended this bill by deleting its
contents and inserting amendments to section 708-840, robbery in
the first degree and section 708-841 robbery in the second degree

 
 
                                 STAND. COM. REP. NO. 916________
                                 Page 2

 
to clarify that the respective offenses occur when a person
threatens the use of force with the intent to take or escape with
the property.

     Your Committee believes that this measure in its amended
form will sufficiently clarify the law and give effect to the
legislature's original intent.

     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
purpose of H.B. No. 1529, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
1529, H.D. 1, 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