REPORT TITLE:
Possession of Stolen Items


DESCRIPTION:
Makes it is prima facie evidence that a person knew that items
were stolen if the person has in the person's possession or under
the person's control any items reported to have been stolen and
the items in question had been owned or controlled by 2 or more
other persons.

 
a                                                       r-5b(99)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1387
TWWENTIETH LEGISLATURE, 1999                               
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO POSSESSION OF STOLEN ITEMS.
 


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

 1      SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "708-     Possession of stolen property; prima facie
 
 5 evidence.  (1)  Except as provided in subsection (2), if a person
 
 6 has in the person's possession or under the person's control any
 
 7 items reported to have been stolen and the items in question had
 
 8 been owned or controlled by two or more other persons, it is
 
 9 prima facie evidence that the person knew that the items were
 
10 stolen.
 
11      (2)  Subsection (1) does not apply to:
 
12      (a)  Legally registered pawn shop owners, their agents,
 
13           employees, or representatives who are working in the
 
14           capacity for the legal pawn shop; and
 
15      (b)  Official employees or government agencies or their
 
16           agents who are working in the capacity for the
 
17           government agency.
 
18      (3)  Possession of stolen items as stated above is a class C
 
19 felony."
 

 
a                                                       r-5b(99)
Page 2                                                     
                                     S.B. NO.           1387
                                                        
                                                        

 
 1      SECTION 2.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 3.  New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:_________________________
 

 
a                                                       r-5b(99)