Report Title:
Theft; Felony
Description:
Provides that an individual caught with stolen property belong to three or more persons in the same or separate incident as part of a common scheme or plan and with the intent to defraud or misrepresent using information obtained from the property commits felony theft. (HB318 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
318 |
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TWENTY-THIRD LEGISLATURE, 2005 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to theft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-831, Hawaii Revised Statutes, is amended to read as follows:
"§708-831 Theft in the second degree. (1) A person commits the offense of theft in the second degree if the person commits theft:
(a) Of property from the person of another;
(b) Of property or services the value of which exceeds $300;
(c) Of property belonging to three or more persons in the same or separate incident as part of a common scheme or plan and with the intent to defraud or misrepresent using information obtained from the property;
[(c)] (d) Of an aquaculture product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property"; or
[(d)] (e) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property." The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line.
(2) Subsection (1)(c) shall only apply to thefts of three or more items where the items belong to three or more owners.
[(2)] (3) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [(c)] subsection (1)(d) and [(d)] (e) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2020.