Report Title:

Theft; Felony

Description:

Provides that an individual caught with stolen mail belonging to three or more persons in the same or separate incident as part of a common scheme or plan commits second degree theft.  (HB303 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	303
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

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 three or more items of mail belonging to three or more unrelated persons in the same or separate incident as part of a common scheme or plan;

    [(c)] (d)  Of an aquacultural 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, 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."] 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.

     (2)  Theft in the second degree is a class C felony.  A person convicted of committing the offense of theft in the second degree under [[]subsection [(1)](c) and (d)] (1)(d) or (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] twofold 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 30, 2112.