Report Title:
Crime
Description:
Establishes the crimes of arson in the first, second, and third degrees.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2843 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a three new sections to be appropriately designated and to read as follows:
"§708-A Arson in the first degree. (a) A person commits the crime of arson in this first degree if the person intentionally or knowingly sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, land, or property, which results in one of the following:
(1) Serious bodily injury to a firefighter, peace officer, policeman, or other emergency personnel;
(2) Serious bodily injury, as defined in chapter 707, to multiple individuals;
(3) Damage to an inhabited structure, building, or property;
(4) Damage to multiple uninhabited structures, buildings, or properties; or
(5) Damage to more than 50 acres of land.
(b) Arson in the first degree shall be a class B felony; provided that if the arson causes the death of an individual, the penalty shall be increased to a class A felony.
(c) In addition to any sentence and restitution imposed for this offense, the court shall impose the maximum fine allowed by law; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited by this section.
§708-B Arson in the second degree. (a) A person commits the crime of arson in the second degree if the person intentionally or knowingly sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, land, or property, which results in one of the following:
(1) Serious bodily injury to an individual as defined in chapter 707;
(2) Damage to a structure, building, or property; or
(3) Damage to land
(b) Arson in the second degree is a class C felony.
(c) In addition to any sentence and restitution imposed for this offense, the court shall impose the maximum fine allowed by law; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited by this section.
§708-C Arson in the third degree. (a) A person commits the crime of arson in the third degree if the person recklessly sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, land, or property.
(b) Arson in the third degree is a misdemeanor.
(c) In addition to any sentence and restitution imposed for this offense, the court shall impose the maximum fine allowed by law; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited by this section."
SECTION 2. Section 708-800, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Inhabited" means currently being used for dwelling purposes whether occupied or not.
"Land" means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in section 201G-1."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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