Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1466 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that the reckless, rather than the intentional, state of mind applies to the element of the value of property stolen in theft-related offenses.

In other words, whether or not a defendant in a theft or shoplifting case has knowledge of the value of the property stolen, the offense that the defendant will be tried under shall be determined by the actual value of the property.

Testimony in support of the measure was received from the City and County of Honolulu Department of the Prosecuting Attorney, the Honolulu Police Department, and the County of Maui Department of the Prosecuting Attorney. The Office of the Public Defender opposed passage of the measure.

Your Committee finds that in theft cases, existing law requires that it is the intent of the accused to deprive another of property or services. However, while this state of mind applies to the act of depriving another, this intent need not apply to the value of the property or services stolen. Your Committee believes that, with respect to the value of the property or services, it is sufficient that the accused was aware of the value or consciously disregarded a substantial and unjustifiable risk that the value of the property or services was of a certain value. This is because when someone steals, the person does not necessarily know the value of the property or services. For example, when one steals a purse or a wallet, the person neither knows the value of the purse or wallet nor the value of its contents.

Your Committee further believes that it is unreasonable to have the level of an offense be determined by what the defendant believes to be the value of the stolen property.

Your Committee has amended the measure by deleting all proposed amendments to sections 708-830.5, 708-831, 708-832, and 708-833, Hawaii Revised Statutes, and instead, inserting an amendment to section 708-830, Hawaii Revised Statutes, which essentially establishes the same reckless state of mind standard for all theft and shoplifting offenses and their attendant circumstances.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1466, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1466, S.D. 1, and be placed on the calendar for Third Reading.