STAND. COM. REP. NO. 767
Honolulu, Hawaii
, 2005
RE: H.B. No. 318
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 318 entitled:
"A BILL FOR AN ACT RELATING TO THEFT,"
begs leave to report as follows:
The purpose of this bill is to strengthen the safety and security of Hawaii by raising the penalty for committing theft against multiple victims in the same or separate incidents to a felony.
The Department of Agriculture, Hawaii Tourism Authority, Department of the Prosecuting Attorney of the City and County of Honolulu, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Kauai, Office of the Prosecuting Attorney of the County of Hawaii, Honolulu Police Department, County of Hawaii Police Department, State of Hawaii Organization of Police Officers, and Hawaii Visitor Industry Security Association testified in support of this bill. The Office of the Public Defender and Community Alliance on Prisons testified in opposition to this bill.
Your Committee finds that multiple thefts of small items affecting more than one person is a growing problem in Hawaii, especially in the tourism and agriculture industries. This measure will further deter such activity.
Your Committee has amended this bill by:
(1) Removing the purpose and findings section;
(2) Clarifying that a person commits the offense of theft in the second degree if the person commits theft 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;
(3) Deleting the provision allowing for the stolen items to be owned separately or jointly;
(4) Changing the effective date to January 1, 2020, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 318, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 318, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ SYLVIA LUKE, Chair |
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