STAND. COM. REP. NO. 3091

Honolulu, Hawaii

RE: S.B. No. 2939

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2939 entitled:

"A BILL FOR AN ACT RELATING TO CRIMES ON AGRICULTURAL LANDS,"

begs leave to report as follows:

The purpose and intent of this measure is to impose extended terms of imprisonment for a person who commits a crime on agricultural land if the person knew or reasonably should have known that the crime was committed on agricultural land.

Your Committee received testimony in support of this measure from the Agribusiness Development Corporation, Hawai‘i Farm Bureau, and six individuals. Your Committee received comments on this measure from the Office of the Public Defender.

Your Committee finds that agricultural crime is a persistent problem in the State despite efforts to install cameras, form community watch groups, and patrol farms. Agricultural theft, vandalism, trespassing, and recently murder have occurred on state agricultural lands. This measure imposes extended terms of imprisonment for certain crimes committed on state agricultural lands to protect the agricultural industry, agricultural lands, the public at-large, and act as a deterrent to potential offenders.

Your Committee has amended this measure by:

(1) Applying the mandatory extension of terms of imprisonment only to certain offenses against property rights committed on agricultural lands;

(2) Inserting a defective date of June 18, 2050, to encourage further discussion; and

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

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 S.B. No. 2939, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2939, S.D. 1, and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair