HB800

SECTION 1. The legislature finds that the theft of copper wires from State parks and highways is a growing problem that, if not corralled, can grow into a potentially difficult problem to deal with.

The legislature finds that this kind of theft results in millions of dollars of loss throughout the United States.

The purpose of this Act is to deter the theft of copper wires and other valuable resources by increasing the severity of the consequences.

SECTION 2. 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 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) 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.

(e) Of any wiring from a public park or highway.

(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)~~] (c,), (d), and (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.

(3) For the purpose of this section:

"Highway" means any road, highway, or the like that is regulated, governed, or maintained by the State of Hawaii or any of its political subdivisions.

"Public Park" means any park that is regulated, governed, or maintained by the State of Hawaii or any of its political subdivisions.

"Wiring" means usually pliable metallic strand or rod sometimes clad, and often electrically insulated, used chiefly for structural support or to conduct electricity inside, apart of, or used to be a part of any type of thing.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	800
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII