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. 1509 entitled:

begs leave to report as follows:

The purpose of this measure is to establish the "legal owner" as the owner of a vehicle that has no registered ownership under section 708-836, Hawaii Revised Statutes, relating to unauthorized control of a propelled vehicle. The measure also includes photocopies and printed register receipts as prima facie evidence to establish value and ownership in theft cases.

Testimony in support of this measure was submitted by the Department of the Prosecuting Attorney, City and County of Honolulu.

Your Committee finds that expanding section 708-830(8)(c), Hawaii Revised Statutes, to include photocopies of the price tags or price markings is in conformity with Rule 1003, Hawaii Rules of Evidence. This rule permits the admissibility of duplicate copies to the same extent as an original unless a genuine question is raised as to the authenticity of the original or under circumstances that it would be unfair to admit the duplicate in lieu of the original.

Your Committee further finds that the amendments made to the definition of "owner" as used in the offense of unauthorized control of a propelled vehicle are necessary to cover propelled vehicles that are not required to be registered such as golf carts or construction equipment.

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. 1509 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.