STAND. COM. REP. NO. 834
Honolulu, Hawaii
, 2005
RE: H.B. No. 1201
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 1201, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL THEFT,"
begs leave to report as follows:
The purpose of this bill is to strengthen the law relating to agricultural theft by:
(1) Making the possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate prima facie evidence that the person knows that the agricultural commodities are or have been stolen in cases of theft in the second degree;
(2) Making the possession of livestock without a livestock ownership and movement certificate prima facie evidence that the person knows the livestock is or has been stolen in cases involving theft of livestock; and
(3) Expanding the definition of theft in the second degree to include theft of over 35 pounds of agricultural products from fenced or posted premises.
The Department of Agriculture, Department of the Prosecuting Attorney of the City and County of Honolulu, Big Island Farm Bureau, C&H Farms, Hawaii Agriculture Research Center, Hawaii Crop Improvement Association, Hawaii Farm Bureau Federation, Maui County Farm Bureau, Pineapple Growers Association of Hawaii, Kauai County Farm Bureau, and numerous concerned individuals testified in support of this bill. The Office of the Public Defender testified in opposition to this measure.
Agricultural theft is a growing problem for farmers and has resulted in serious economic loss over the last several years. Recent, high-profile cases in which farmers used force to protect their crops from thieves have brought this criminal activity to the forefront of discussions in Hawaii's agricultural industry. Your Committee finds that strengthening laws dealing with agricultural theft is one means of combating this growing problem.
Your Committee notes that a suggestion was made to lower the weight requirement for agricultural theft to be considered theft in the second degree from 35 pounds to 25 pounds but feels that further review and discussion is needed on this suggestion.
Your Committee has amended this measure by:
(1) Clarifying that the possession of agricultural commodities removed from fenced or posted premises without an ownership and movement certificate is evidence, rather than prima facie evidence, that the person knows that the agricultural commodities are stolen in cases of theft in the second degree;
(2) Clarifying that the possession of livestock without a livestock ownership and movement certificate is evidence, rather than prima facie evidence, that the person knows the livestock is stolen in cases involving theft of livestock;
(3) Changing the effective date to July 1, 2020, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.
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 H.B. No. 1201, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1201, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
|
____________________________ SYLVIA LUKE, Chair |
||