STAND. COM. REP. NO. 620-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2571

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2571 entitled:

"A BILL FOR AN ACT RELATING TO THEFT,"

begs leave to report as follows:

The purpose of this measure is to create the theft of a bicycle as a Class C felony.

Your Committee received testimony in support of this measure from the Maui Police Department and Hawaii Bicycling League. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Department of the Attorney General.

Your Committee finds that as more people have begun to use bicycles to commute to work, bicycle theft has become a pernicious offense that can deprive an individual of not just their personal property, but also their ability to earn an income. Your Committee further finds that although existing law classifies the theft of a bicycle valued at $750 or more as a Class C felony, many bicycles are sold below the $750 threshold. Your Committee believes that establishing the theft of any bicycle as a separate crime will serve to deter theft of all bicycles.

Your Committee further finds that the State's Penal Code does not adequately address situations where an offender takes the property of another that is commonly used to store items of personal or monetary value, such as purses, handbags, or wallets. Your Committee believes that specifying this particular offense as a felony may have a long-term deterrent effect and create a safer environment for the community.

Accordingly, your Committee has amended this measure by inserting the contents of H.B. No. 1738 (Regular Session 2020), which amends the offense of theft in the second degree to include theft of property commonly used to store items of personal or monetary value, including any purse, handbag, or wallet.

Your Committee has further amended this measure by:

(1) Requiring property owners to hold illegally parked bicycles found on their property for seven days, after which the illegally parked bicycle shall become the property of the property owner;

(2) Establishing that for the first offense of theft of a bicycle, a person shall be guilty of a misdemeanor, and, for the second and each subsequent offense, shall be guilty of a Class C felony;

(3) Inserting a definition for "toy bicycle";

(4) Changing its effective date to July 1, 2050, to encourage further discussion; and

(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2571, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2571, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

CHRIS LEE, Chair