Report Title:

Agricultural Certificates; Theft

Description:

Clarifies that possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is evidence that the person knows that agricultural commodities are or have been stolen in cases of theft in the second degree; clarifies that possession of livestock without a livestock ownership and movement certificate is evidence that the person knows the livestock is or has been stolen in cases of livestock theft; broadens the definition of theft in the second degree by including theft of agricultural commodities that weigh over 25 lbs. from fenced or posted premises. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1201

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

relating to agricultural theft.

 

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

SECTION 1. The legislature finds that agricultural theft is a critical problem for Hawaii's farmers. Millions of dollars worth of agricultural products and equipment have been lost due to theft. This monetary cost is in addition to the time spent by farmers replacing or replenishing stolen equipment and products. Farmers are especially vulnerable to theft since farms are generally on large parcels of land in sparsely populated areas and isolated from law enforcement.

To address the issue of agricultural theft, the legislature finds that the current law relating to ownership and movement certificates for livestock and agricultural commodities should be strengthened.

The purpose of this Act is to establish that:

(1) Possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is evidence that the person knows that the agricultural commodities are stolen and is subject to theft in the second degree; and

(2) Possession of livestock without a livestock ownership and movement certificate is evidence that the person knows the livestock is stolen and is criminally liable for livestock theft.

In addition, this Act broadens the definition of theft in the second degree to include theft of agricultural products that exceed twenty-five pounds from fenced or posted premises.

SECTION 2. Section 708-831, Hawaii Revised Statutes, is amended to read as follows:

"§708-831 Theft in the second degree. (1) A person commits the offense of theft in the second degree if the person commits theft:

(a) Of property from the person of another;

(b) Of property or services, the value of which exceeds $300;

(c) [Of an aquaculture product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property"; or

(d)] Of agricultural equipment, supplies, commodities, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that [are]:

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders [or there is];

(ii) Have a sign or signs prominently displayed [on the premises a sign or signs] on the unenclosed cultivated or uncultivated agricultural land providing sufficient [to give] notice and reading as follows: "Private Property." The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and [in such] position as to be clearly noticeable from outside the boundary line[.]; or

(iii) Have a visible presence of a crop under cultivation, in the process of being harvested, or that is harvested and marketable at the time of entry.

For the purposes of this paragraph, the fact that a person is in possession of agricultural commodities without an ownership and movement certificate, as described under chapter 145, is evidence that the person knows that the agricultural commodities are stolen.

(2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [[paragraphs]] paragraph (c) [and (d)] shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater."

SECTION 3. Section 708-835.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§708-835.5[]] Theft of livestock. (1) A person commits the offense of theft of livestock if the person commits theft by having in the person's possession a live animal of the bovine, equine, swine, or sheep species, or its carcass or meat, while in or upon premises which the person knowingly entered or remained unlawfully in or upon, and which are fenced or enclosed in a manner designed to exclude intruders, or by having in the person's possession [such] a live animal, carcass, or meat in any other location.

[(2) Theft of livestock is a class C felony.]

(2) For the purposes of subsection (1), the fact that a person is in possession of livestock without a livestock ownership and movement certificate, as described under section 142-49, is evidence that the person knows that the livestock is stolen.

(3) Theft of livestock is a class C felony.

[(3)] (4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense, the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2020.