HOUSE OF REPRESENTATIVES	H.B. NO.	1741
TWENTY-NINTH LEGISLATURE, 2018
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 708-830.5, 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, in reckless disregard of the risk that the value of [which] the property or services exceeds $20,000;

(b) Of a firearm;

(c) Of dynamite or other explosive; or

(d) Of property or services during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster under chapter 127A, the value of which exceeds $300."

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 in reckless disregard of the risk that the value of [which] the property or services exceeds $750;

(c) Of an aquacultural product or part thereof from premises that 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", "No Trespassing", or a substantially similar message;

(d) Of agricultural equipment, supplies, or products, or part thereof, in reckless disregard of the risk that the value of [which] the equipment, supplies, or products 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", "No Trespassing", or a substantially similar message; or if at the point of entry of the premise, a crop is visible. 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 a 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 agricultural commodities that are generally known to be marketed for commercial purposes. Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen; provided that "agriculture commodities" has the same meaning as in section 145-21.

(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) 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."

SECTION 3. 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 in reckless disregard of the risk that the value of [which] the property or services exceeds $250; or

(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Theft; Reckless Disregard of Risk

Description:

Amends the offense of theft in the first degree, second degree, and third degree to include reckless disregard of risk for the value of the stolen property or services.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.