CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO.67

Honolulu, Hawaii

, 2005

RE: H.B. No. 1709

S.D. 1

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1709, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CRIMINAL PROPERTY DAMAGE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to reduce property crime by establishing a new misdemeanor offense of aggravated criminal property damage for persons who:

(1) Intentionally damage the property of another without the other's consent; and

(2) Have two or more convictions for criminal property damage in the third or fourth degree in the preceding five years.

Your Committee on Conference finds that this measure is aimed at addressing the costly and recurring problem of vandalism.

Your Committee on Conference has amended this measure by:

(1) Clarifying that the new offense of aggravated criminal property damage should be placed in chapter 708, Hawaii Revised Statutes (HRS), relating to offenses against property rights;

(2) Removing a superfluous reference to the maximum fine of $2,000 for misdemeanors, which is already provided in section 706-640, HRS; and

(3) Changing its effective date from July 1, 2050, to upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1709, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1709, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ COLLEEN HANABUSA, Chair		____________________________ BLAKE K. OSHIRO, Chair