STAND. COM. REP. NO. 1465_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 919
                                     S.D. 1
                                     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 S.B. No. 919, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO ROBBERY,"

begs leave to report as follows:

     The purpose of this bill is to expand the definition of
"dangerous weapon" under section 708-840, Hawaii Revised
Statutes, to include the use or threat of use of an animal to
cause death or serious bodily injury in the case of a robbery.

     The Prosecuting Attorney, City and County of Honolulu
testified that this bill was originally designed to address the
issue of what is sufficient to constitute the offense of robbery.
The Office of the Public Defender testified in support of this
bill and opposed any effort to reinstate provisions of the
original form of the bill.  Also testifying in support of this
bill were the West Hawaii Humane Society and two private
citizens.  The Honolulu Police Department submitted testimony in
opposition to this bill.

     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 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

 
 
                                 STAND. COM. REP. NO. 1465_______
                                 Page 2

 
Legislature when it originally enacted this law providing for the
offense of robbery in the first degree.  Your Committee further
believes that it is necessary 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.

     Your Committee has amended this bill by adding language to
section 708-840, robbery in the first degree and section 708-841,
robbery in the second degree 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.

     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 S.B. No. 919, S.D. 1, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 919, S.D. 1, 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