REPORT TITLE:
Stolen Property


DESCRIPTION:
Makes possession of stolen property a class C felony.
Establishes standard for prima facie evidence that person knew
property was stolen.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1980
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO STOLEN PROPERTY.
 


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

 1      SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§708-    Possession of stolen property; prima facie
 
 5 evidence.  (1)  It shall be unlawful to possess stolen property.
 
 6 Except as provided in subsection (2), if a person has in the
 
 7 person's possession or under the person's control any items
 
 8 reported to have been stolen and the items in question had been
 
 9 owned or controlled by two or more other persons, it shall be
 
10 prima facie evidence that the person knew that the items were
 
11 stolen.
 
12      (2)  Subsection (1) does not apply to:
 
13      (a)  A licensed pawnbroker or secondhand dealer licensed or
 
14           regulated under chapter 445 or 486M, as applicable, or
 
15           to an agent, employee or representative, of a
 
16           pawnbroker or dealer while in the performance of the
 
17           person's duties; or
 
18      (b)  Government agencies or their employees or agents while
 

 
Page 2                                                     1980
                                     H.B. NO.           
                                                        
                                                        


 1           working in the then official capacity for the
 
 2           government agency.
 
 3      (3)  Possession of stolen property is a class C felony."
 
 4      SECTION 2.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun, before its effective date.
 
 7      SECTION 3.  New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:_________________________