HB778

SECTION 1. Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Infrastructure" means the facilities, improvements, and installations provided by the government for the functioning of a community or owned or controlled by the government, such as public institutions, including schools, libraries, and prisons."

SECTION 2. Section 708-820, 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 first degree if by means other than fire:

(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;

(c) The person intentionally or knowingly damages the property of another during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127; [or]

[[](d)[]] The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the value of damage, the value of future crops that were damaged is included[.]; or

(e) The person intentionally or knowingly damages or vandalizes government property or infrastructure, without the government's consent, in an amount exceeding $10,000."

SECTION 3. 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 by means other than fire:

(a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; [or]

(c) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500. In calculating the value of damage, the value of future crops that were damaged is included[.]; or

(d) The person intentionally or knowingly damages or vandalizes government property or infrastructure, without the government's consent, in an amount that exceeds $5,000 but does not exceed $10,000."

SECTION 4. Section 708-822, 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 third degree if by means other than fire:

(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; [or]

(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the value of damage, the value of future crops that were damaged is included[.]; or

(d) The person intentionally or knowingly damages or vandalizes government property or infrastructure, without the government's consent, in an amount that exceeds $1,000 but does not exceed $5,000."

SECTION 5. Section 708-823, 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 fourth degree if by means other than fire[~~, the person intentionally or knowingly damages the property of another without the other's consent.~~]:

(a) The person intentionally or knowingly damages the property of another without the other's consent; or

(b) The person intentionally or knowingly damages or vandalizes government property or infrastructure of any amount not in excess of $1,000."

SECTION 6. Section 708-830.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the first degree if the person commits theft:

(a) Of property or services, the value of which exceeds $20,000;

(b) Of a firearm;

(d) Of property or services during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127, the value of which exceeds $300[.]; or

(e) Of government property, services, or infrastructure, the value of which exceeds $10,000."

SECTION 7. Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(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 an aquacultural product or part thereof from premises that [is] are 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) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, 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. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen[.]; or

(e) Of government property, services, or infrastructure, the value of which exceeds $5,000 but does not exceed $10,000."

SECTION 8. Section 708-832, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the third degree if the person commits theft:

(a) Of property or services the value of which exceeds $100; [or]

(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $300[.]; or

SECTION 9. Section 708-833, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the fourth degree if the person commits theft [~~of property or services of any value not in excess of $100.~~]:

(a) Of property or services of any value not in excess of $100; or

(b) Of government property, services, or infrastructure of any value not in excess of $1,000."

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	778
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII