HOUSE OF REPRESENTATIVES

H.B. NO.

2571

THIRTIETH LEGISLATURE, 2020

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THEFT.

 

 

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

 

PART I

     SECTION 1.  The legislature finds that the State's penal code does not adequately address situations in which an offender takes the property of another that is commonly used to store items of personal or monetary value, including purses, handbags, or wallets.  Pursuant to the Hawaii supreme court decision in State v. Cabrera, 90 Hawaii 359, 978 P.2d 797 (1999), the prosecution must prove beyond a reasonable doubt that an accused offender intended to steal property or services valued in excess of $750 to convict a defendant of theft in the second degree under section 708-831(1)(b), Hawaii Revised Statutes.  Thus, an offender may be arrested for the offense of theft in the second degree when the value of property taken exceeds $750, but due to the high standard of proof required, this offense is typically amended or dropped.

     The legislature further finds that including any instance in which an offender takes the property of another that is commonly used to store items of personal or monetary value, including purses, handbags, or wallets, as an offense of theft in the second degree may deter potential offenders from engaging in theft of these items.  The legislature finds that specifying this particular offense as a felony may have a long-term deterrent effect and create a safer environment for the community.

     Additionally, the legislature finds that purses, handbags, wallets, or similar items often contain personal information of not just the victim whose property was taken in a theft, but also the personal information of the victim's family, employer, friends, or acquaintances.  These items can also contain sensitive medical information, credit cards, workplace information, personal photos, or other sensitive information.  The victim's personal information stored in these items typically leads to further victimization, including fraud, identity theft, harassment, or stalking.

     Accordingly, the purpose of this part is to amend 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.

     SECTION 2.  Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of theft in the second degree if the person commits theft[:] of:

     (a)  [Of property] Property from the person of another;

     (b)  [Of property] Property or services the value of which exceeds $750;

     (c)  [Of an] 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] Agricultural equipment, supplies, or products, or part thereof, the value of which 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 where 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] 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[.]; or

     (f)  Property commonly used to store items of personal or monetary value, including any purse, handbag, or wallet."

PART II

     SECTION 3.  The legislature finds that addressing Hawaii's high cost of living means empowering residents with cheaper options to commute, especially for the next generation.  In the year 2000, ninety-nine per cent of all eighteen to nineteen‑year-old residents held driver's licenses.  Today, that number has fallen to just sixty per cent.  People are more frequently using alternative transportation such as commuting by bicycle at significant cost savings.

     Bicycles are less burdensome on the State's infrastructure.  Every resident that transitions from commuting by car to commuting by bicycle reduces road wear, congestion, and traffic.  Bicycles also produce zero emissions and can replace dirtier means of transportation, thereby reducing the State's dependence on imported fossil fuels.

     However, the legislature also finds that bicycle theft is a growing challenge.  Bicycle theft is a particularly pernicious property offense against residents who commute by bicycle, especially to work.  As a result, bicycle theft can deprive a person of their property interest and their ability to earn income.  For this very reason theft of a vehicle, regardless of value is an expressly defined offense.

     Currently, there is no expressly defined offense for theft of a bicycle.  Theft of a bicycle valued at $750 or more is a class C felony under the offense of theft in the second degree in section 708-831, Hawaii Revised Statutes.  However, many bicycles are sold below the $750 threshold, which contributes to both their popularity as a means of reducing the cost of living, and as a target for theft since there exists little penalty.  Therefore, in order to deter theft of all bicycles, and in consideration of the important role of bicycles in many working families' lives, the legislature believes that theft of a bicycle of any value should be expressly defined in the penal code similarly to theft of a motor vehicle.

     The purpose of this part is to establish the offense of theft of a bicycle.

     SECTION 4.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§708-     Theft of a bicycle.  (1)  A person commits the offense of theft of a bicycle if the person commits theft of a bicycle by any means under section 708-830.

     (2)  Any property owner shall hold an illegally parked bicycle found on the owner's property for seven days; provided that after seven days the bicycle shall be considered the property of the property owner.

     (3)  For the purposes of this section:

     "Bicycle" means:

          (a)  A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or

          (b)  A low-speed electric bicycle, as defined under title 15 United States Code section 2085.

     "Toy bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels, including any device generally recognized as a bicycle though equipped with two front or two rear wheels, which has a seat height of not more than twenty-five inches from the ground when the seat is adjusted to its highest position; or a scooter or similar device regardless of seat height.

     (4)  A person who commits the offense of theft of a bicycle shall:

    (A)   For the first offense, be guilty of a misdemeanor; and

    (B)   For the second and each subsequent offense, be guilty of a class C felony."

PART III

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Theft in the Second Degree; Bicycle; Misdemeanor; Felony

 

Description:

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.  Requires property owners to hold illegally parked bicycles found on their property for seven days.  Provides 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.  Takes effect on 7/1/2050.  (HD1)

 

 

 

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