CONFERENCE COMMITTEE REPORT NO. 40

                            Honolulu, Hawaii
                                            , 1999

                            RE:   S.B. No. 919
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

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

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 919, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO ROBBERY," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to clarify that for the offense
of robbery, it shall not be a defense that any person other than
the defendant is aware of the theft or attempted theft.

     A recent Hawaii Supreme Court decision, State v. Mitsuda, 86
Haw. 37 (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's awareness that a theft occurred is an
element which the prosecution must prove for the offense of
robbery in the first degree.  Therefore, your Committee on
Conference believes that it is necessary to clarify that the

 
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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.

     Your Committee has amended this measure by adding a
clarifying amendment that explicitly states that a person does
not need to be aware of the taking of property where another
person threatens the imminent use of force to take or escape with
the property.

     Your Committee on Conference is in accord with the intent
and purpose of S.B. No. 919, S.D. 1, H.D. 1, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as S.B. No. 919, S.D. 1, H.D. 1, C.D. 1.

                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
            HOUSE                             SENATE
                                   
                                   
                                   
______________________________     ______________________________
PAUL OSHIRO, Co-Chair              AVERY B. CHUMBLEY, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
ERIC G. HAMAKAWA, Member           MATTHEW M. MATSUNAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MARILYN B. LEE, Member             NORMAN SAKAMOTO, Member



______________________________
ROY M. TAKUMI, Member



______________________________
PAUL WHALEN, Member


 
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