SB2863 SD1

SECTION 1. The legislature finds that the cultural and historic heritage of Native Hawaiians is among the State's important assets and the rapid social and economic developments of contemporary society threatens to destroy the remaining vestiges of Native Hawaiian heritage. Recently, there have been a number of incidents of property holding cultural or historical significance to Native Hawaiians being damaged or vandalized. For example, in May 2017, a canoe club in east Oahu reported that the ropes rigging the club's canoes had been slashed in two separate incidents within the same week, and three historic doors of Iolani Palace were vandalized. In October 2017, the Prince Kuhio statue in Waikiki was spray painted orange in an act of vandalism.

The legislature further finds that these acts involved properties that hold cultural or historical significance to Native Hawaiians. While these acts may be charged under existing criminal statutes, the damage to these properties under the circumstance has outraged the sensibilities of persons who observed or discovered the perpetrator's actions. Thus, additional criminal penalties that are specific to damage to property holding cultural or historical significance to Native Hawaiians are necessary to preserve and provide stronger deterrents against damage to Native Hawaiian heritage vestiges.

The purpose of this Act is to amend the offenses of criminal property damage in the first, second, and third degrees to include damage to property holding cultural or historical significance to Native Hawaiians.

SECTION 2. Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Property holding cultural or historical significance to Native Hawaiians" means property that perpetuates Hawaiian traditional knowledge, strengthens cultural or spiritual connections among Native Hawaiians, or has demonstrable benefits to the Native Hawaiian community."

SECTION 3. 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 an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; [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 amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

(e) The person intentionally or knowingly damages property holding cultural or historical significance to Native Hawaiians in an amount exceeding $1,500."

SECTION 4. 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 amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

(d) The person intentionally or knowingly damages property holding cultural or historical significance to Native Hawaiians in an amount exceeding $500."

SECTION 5. 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 amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

(d) The person recklessly damages property holding cultural or historical significance to Native Hawaiians in an amount exceeding $100."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2863
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII