THE SENATE	S.B. NO.	2048
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO UNLAWFUL CHOP SHOP ACTIVITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that "chop shop" is street vernacular for a location where stolen motor vehicles, or stolen motor vehicle parts, are taken to be altered to conceal their true identity. Chop shop activity may include the theft of motor vehicles and motor vehicle parts; defacing vehicle identification numbers; re-stamping false vehicle identification numbers into stolen vehicles; and the re-sale of these stolen vehicles to unsuspecting, innocent buyers.

The purpose of this Act is to establish the criminal offense of unlawful chop shop activity and to provide for the forfeiture of property connected with chop shop activity.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    . UNLAWFUL CHOP SHOP ACTIVITY

§708-    Definitions. As used in this part:

"Chop shop" means:

(1) Any building, lot, or other premises that is used to store, destroy, dismantle, disassemble, or reassemble a motor vehicle, or two or more motor vehicle parts, that the person knows to have been stolen; or

(2) Any building, lot, or other premises that is used to alter, conceal, disguise, or remove the vehicle identification number of at least one motor vehicle, or two or more motor vehicle parts from at least one motor vehicle, that the person knows to have been stolen.

"Motor vehicle" means any automobile, motorcycle, motorboat, or other motor-propelled vehicle.

"Vehicle identification number" means the number that the manufacturer or a governmental agency assigns to a motor vehicle for the purpose of identifying the motor vehicle or a major component part of the motor vehicle. "Vehicle identification number" includes any combination of numbers or letters.

§708-    Unlawful chop shop activity. (1) A person commits the offense of unlawful chop shop activity if the person knowingly:

(a) Owns or operates a chop shop;

(b) Transports a stolen motor vehicle, or two or more stolen motor vehicle parts, to or from a chop shop;

(c) Sells or transfers to, or purchases or receives from a chop shop, a stolen motor vehicle or two or more stolen motor vehicle parts; or

(d) Conducts or participates in the conduct of the affairs of any chop shop by:

(i) Storing, destroying, dismantling, disassembling, or reassembling a stolen motor vehicle, or two or more stolen motor vehicle parts; or

(ii) Altering, concealing, disguising, or removing the vehicle identification number of at least one stolen motor vehicle, or two or more motor vehicle parts from at least one stolen motor vehicle.

(2) Unlawful chop shop activity is a class C felony.

(3) Each separate act committed under subsection (1)(a), (b), (c), or (d) shall constitute a separate offense.

§708-    Forfeiture of property connected with chop shop activity. Any motor vehicle, motor vehicle part, tool, implement, or real property, possessed or used in violation of this part, or any money obtained in violation of this part, may be ordered forfeited to the State, subject to the requirements of chapter 712A."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect on July 30, 2075.

Report Title:

Hawaii State Association of Counties Package; Penal Code; Chop Shops; Unlawful Chop Shop Activity

Description:

Establishes the class C felony offense of unlawful chop shop activity. Provides for the forfeiture of property connected with chop shop activity. Defines "chop shop." Effective 7/30/2075. (HD1)

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