HOUSE OF REPRESENTATIVES

H.B. NO.

2230

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to liquor.

 

 

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

 


     SECTION 1.  Section 281-101, Hawaii Revised Statutes, is amended to read as follows:

     "§281-101  [Manufacture or sale without license;] Unlicensed manufacture or sale of liquor; penalty.  (a)  If any person, acting in person or by or through any agent, servant, or employee, manufactures or sells any liquor, either directly or indirectly, or upon any pretense or by any subterfuge, except as authorized pursuant to this chapter, the person [shall be fined not more than $2,000 or imprisoned not more than one year, or both.] shall be guilty of a class C felony.

     (b)  It is an affirmative defense to prosecution under this section that the defendant acted under a good faith and reasonable belief that the manufacture or sale of liquor was authorized pursuant to this chapter."

     SECTION 2.  Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:

     "§712A-4  Covered offenses.  Offenses for which property is subject to forfeiture under this chapter are:

     (a)  All offenses that specifically authorize forfeiture;

     (b)  Murder, kidnapping, labor trafficking, unlicensed manufacture or sale of liquor, gambling, criminal property damage, robbery, bribery, extortion, theft, unauthorized entry into motor vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental drug, commercial promotion of marijuana, methamphetamine trafficking, manufacturing of a controlled substance with a child present, promoting child abuse, promoting prostitution, sex trafficking, solicitation of a minor for prostitution, habitual solicitation of prostitution, or electronic enticement of a child that is chargeable as a felony offense under state law;

     (c)  The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, or solicitation of prostitution near schools or public parks, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; and

     (d)  The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture."

     SECTION 3.  Section 842-1, Hawaii Revised Statutes, is amended by amending the definitions of "organized crime" and "racketeering activity" to read as follows:

     ""Organized crime" means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed manufacture or sale of liquor, or corruption of law enforcement officers or other public officers or employers.

     "Racketeering activity" means any act or threat involving but not limited to murder, kidnapping, gambling, criminal property damage, robbery, bribery, extortion, labor trafficking, unlicensed manufacture or sale of liquor, theft, or prostitution, or any dealing in narcotic or other dangerous drugs that is chargeable as a crime under state law and punishable by imprisonment for more than one year."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Unlicensed Manufacture or Sale of Liquor; Penalty; Organized Crime; Racketeering Activity

 

Description:

Adds unlicensed manufacture or sale of liquor as an offense for which property is subject to forfeiture and increases the penalty to a class C felony.  Provides an affirmative defense.  Amends definitions of "organized crime" and "racketeering activity" to include the unlicensed manufacture or sale of liquor.

 

 

 

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