Increase criminal penalties for damage to agricultural and aquacultural property.

A BILL FOR AN ACT

SECTION 1. The legislature finds that agricultural theft and vandalism are critical problems for Hawaii's farmers. Results from a 2005 statewide survey of farmers and ranchers conducted by the department of agriculture, the U.S. Department of Agriculture, and the Hawaii Farm Bureau Federation provide a detailed accounting of the economic impact of agricultural theft and vandalism on the agriculture industry. Losses attributed to an estimated one thousand one hundred fifty-three acts of vandalism amounted to $2,020,000, with an average loss of $1,751 per incident. Ranchers were particularly affected, suffering $4,902 in loss or injury to livestock per incident while crop farmers lost $3,901 per incident. Farmers and ranchers that suffered vandalism to their machinery and equipment lost $2,751 per incident. Almost sixty per cent of the economic loss was suffered by Maui farmers and ranchers (57.5 per cent), followed by Oahu (28.1 per cent), Hawaii (9.6 per cent), and Kauai (4.9 per cent).

Total theft of farm commodities, materials, equipment, and other property was found to be $1,950,000. Agricultural theft is often committed using tools such as chain saws, axes, machetes, and large pruning shears that provide a means of quickly "harvesting" agricultural products in order to leave the scene as fast as possible. This frequently results in the death of the plant, including trees and bushes. While the thief has stolen a quantity of produce, the thief has also effectively deprived the farmer of not only the produce on the plant at that time, but also subsequent produce from the plant for that season and succeeding years over the expected life of the plant, as well as the investment made by the farmer to get the plant to the point of production.

During the survey period there were one hundred sixty-nine incidents when agricultural machinery and equipment were damaged to the extent that they were rendered inoperable or vehicles were used for "joy rides" in the fields causing damage to planted crops as well as the soil and the vehicle.

The legislature finds that the current criminal laws relating to agricultural theft and vandalism should be strengthened to address agricultural theft and vandalism.

The purpose of this Act is to strengthen the laws of the State to recognize the actual loss suffered by farmers and ranchers from criminal theft and vandalism and to impose appropriate penalties.

SECTION 2. Section 708-800, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Aquacultural equipment, supplies, or products" means any aquacultural equipment, supplies, or commercial aquacultural products or commodities, raised, grown, or maintained by a commercial aquacultural enterprise or research agency while owned by the enterprise or agency."

2. By amending the definition of "agricultural equipment, supplies, or products" to read:

""Agricultural equipment, supplies, or products" [mean] means any agricultural equipment, supplies, or commercial agricultural products or commodities, including crops, trees, bushes, or any other plant, and livestock, raised, grown, or maintained by a commercial agricultural enterprise or research agency while owned by the enterprise or agency."

SECTION 3. Section 708-820, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal property damage in the first degree if:

SECTION 4. Section 708-821, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal property damage in the second degree if:

SECTION 5. Section 708-822, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of criminal property damage in the third degree if:

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.