Report Title:

Agricultural and aquacultural property; Criminal property damage

Description:

Increase criminal penalties for damage to agricultural and aquacultural property. (HB2772 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2772

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO CRIMINAL PROPERTY DAMAGE TO AGRICULTURAL and AQUACULTURAL PROPERTY.

 

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

SECTION 1. 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:

(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury; [or]

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000[.]; or

(c) The person intentionally or knowingly damages the agricultural or aquacultural crops, including trees, bushes, or any other plant, and livestock of another, without the other's consent in an amount exceeding $1,500."

SECTION 2. 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:

(a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means; [or]

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500[.]; or

(c) The person intentionally or knowingly damages the agricultural or aquacultural crops, trees, bushes, or any other plant, and livestock of another, without the other's consent in an amount exceeding $500."

SECTION 3. 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:

(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means; [or]

(b) The person intentionally damages the property of another, without the other's consent, in an amount exceeding $500[.]; or

(c) The person intentionally or knowingly damages the agricultural or aquacultural crops, trees, bushes, or any other plant, and livestock of another, without the other's consent."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2069.