Adds damage to agricultural or aquacultural property to offense of criminal property damage.

A BILL FOR AN ACT

SECTION 1. The legislature finds that a 2005 statewide survey of farmers and ranchers conducted by the Hawaii department of agriculture, the United States Department of Agriculture, and the Hawaii Farm Bureau Federation provides a detailed accounting of the economic impact of agricultural theft and vandalism on the agriculture industry. Losses attributed to an estimated 1,153 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 who 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).

The legislature also finds that total theft of farm commodities, materials, equipment, and other property was found to be $1,950,000. Agriculture theft is often committed using tools such as chain saws, axes, machetes, and large pruning shears that provide a means of quickly "harvesting" agriculture products in order to leave the scene as fast as possible. This frequently results in the death of the tree, bush, or plant. While the thief has stolen a quantity of produce, the thief has also effectively deprived the farmer of not only the produce that was ready for harvest, but also subsequent produce from the same source for that season and succeeding years over the expected life of the tree or plant, as well as the investment made by the farmer to get the tree or plant to the point of production.

The legislature further finds that during the survey period there were one hundred sixty-nine incidents when agricultural machinery and equipment was 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 purpose of this Act is to strengthen state laws relating to criminal property damage to recognize the actual loss suffered by farmers and ranchers from these criminal actions and to impose appropriate penalties.

SECTION 2. Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""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."

SECTION 3. Section 708-820, Hawaii Revised Statutes, is amended 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 to read as follows:

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

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.