STAND. COM. REP. NO. 67-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2053
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2053 entitled: 

     "A BILL FOR AN ACT RELATING TO UNAUTHORIZED CONTROL OF
     PROPELLED VEHICLE,"

begs leave to report as follows:

     The purpose of this bill is to expand the scope of the
offense of another person's motor vehicle (UCPV) to include
reckless unauthorized control.

     Your Committee finds that passage of this bill will assist
the Honolulu Police Department and the Department of the
Prosecuting Attorney in successfully prosecuting UCVP cases where
the defendant claims, even though the car may be stolen, that he
or she thought that the person had permission from the rightful
owner of the vehicle.  Your Committee further finds that, by the
addition of the term "recklessly", the accused will have less
chance of evading justice.

     This bill adds "recklessly" to strengthen the statute
relative to UCPV, making it easier for police to provide evidence
to the jury that the person was operating the vehicle without the
owner's consent or by changing the identity of the vehicle
without the owner's consent

 
 
 
 
 
 
                                 STAND. COM. REP. NO. 67-00
                                 Page 2

 
     Testimonies in support of this measure were received from
the Department of Transportation; the Honolulu Police Department
and the Department of the Prosecuting Attorney of the City and
County of Honolulu.  The Office of the Public Defender raised
issues about the fairness of the bill, and cited several examples
for which the bill seems inappropriate.

     Your Committee as amended this bill by correcting a drafting
error.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2053, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2053, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair