Report Title:

Destruction of Crops; Penalties

 

Description:

Criminalizes the destruction of crops; creates a civil liability for destruction of crops. (SD1)

 

THE SENATE

S.B. NO.

640

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agriculture.

 

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

SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Destruction of crops; civil liability. (a) Any person who wilfully or knowingly damages or destroys any crop or agricultural commodity as defined in section 145-21 that is known by the person to be intended for personal or commercial purposes, or for research and development purposes at a private research facility, university, or any federal, state, or local government agency, shall be liable for twice the value of the crop or commodity damaged or destroyed.

(b) Damages available under this section shall be limited to twice the market value of the crop or commodity and production, research, testing, replacement, and development costs directly related to the damaged or destroyed crop or commodity.

(c) In awarding damages pursuant to this section, the court shall consider the market value of the crop prior to damage or destruction, and production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop.

(d) Rights and remedies under this section are in addition to any other rights or remedies otherwise available or penalties that may otherwise be imposed."

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

"§708- Destruction of crops. (a) A person commits the offense of destruction of crops if the person willfully or knowingly damages or destroys any crop or agricultural commodity as defined in section 145-21 that is known by the person to be intended for personal or commercial purposes, or for research and development purposes at a private research facility, university, or any federal, state, or local government agency.

(b) Destruction of crops is a class C felony.

(c) A person convicted of committing the offense of destruction of crops shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a fine of at least $1,000 or restitution, whichever is greater.

(d) Restitution shall be limited to twice the market value of the crop or commodity prior to damage or destruction plus twice the actual damages involving production, research, testing, replacement, and development costs directly related to the crop or commodity that has been damaged or destroyed.

(e) In awarding damages for a violation of this section, the court shall consider the market value of the crop prior to damage or destruction, and production, research, testing, replacement, and crop development costs directly related to the crop that has been damaged or destroyed as part of the value of the crop."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.