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 S.B. No. 607, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to deter multiple thefts of items with minimal individual value, by providing that a person commits the felony offense of theft in the second degree if the person commits theft of property owned separately or jointly by three or more persons in the same or separate incident as part of a common scheme or plan, regardless of the property's value.

The Department of Agriculture, Hawaii Tourism Authority, Department of the Prosecuting Attorney of the City and County of Honolulu, Office of the Prosecuting Attorney of the County of Kauai, Honolulu Police Department, and the County of Hawaii Police Department testified in support of this bill. The Office of the Public Defender and three individuals opposed this measure.

Your Committee has amended this bill by deleting its contents and inserting the contents of H.B. No. 318, H.D. 1, which is substantially similar to this measure. As amended, this bill differs from the bill referred to your Committee by:

(1) Removing the purpose and findings section;

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 S.B. No. 607, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 607, S.D. 1, H.D. 1, and be placed on the calendar for Third Reading.