REPORT TITLE:
Motor Vehicle Theft Penalties


DESCRIPTION:
Provides stiffer mandatory penalties for motor vehicle-related
theft.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2570
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE. 


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

 1      SECTION 1.  Section 708-836, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (5) to read as follows:
 
 3      "(5)  Unauthorized control of a propelled vehicle is a class
 
 4 C felony.  If a judge sentences a person convicted under this
 
 5 section to probation, the judge shall also impose one or more of
 
 6 the following:
 
 7      (a)  A fine;
 
 8      (b)  A requirement that restitution be made to the victim or
 
 9           victims; or
 
10      (c)  A minimum term of community service."
 
11      SECTION 2.  Section 708-836.5, Hawaii Revised Statutes, is
 
12 amended by amending subsection (2) to read as follows:
 
13      "(2)  Unauthorized entry into motor vehicle is a class C
 
14 felony.  If a judge sentences a person convicted under this
 
15 section to probation, the judge shall also impose one or more of
 
16 the following:
 
17      (a)  A fine;
 
18      (b)  A requirement that restitution be made to the victim or
 
19           victims; or
 

 
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                                     S.B. NO.           2570
                                                        
                                                        

 
 1      (c)  A minimum term of community service."
 
 2      SECTION 3.  Section 708-838, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "�708-838  Removal of identification marks.  A person
 
 5 commits the offense of removal of identification marks if 
 
 6      (1)  The person defaces, erases, or otherwise alters any
 
 7           serial number or identification mark placed or
 
 8           inscribed by the manufacturer, or 
 
 9      (2)  The person knowingly, to conceal the true ownership of
 
10           the property of another, defaces, erases, or otherwise
 
11           alters any serial number or identification mark placed
 
12           or inscribed 
 
13 on any bicycle, movable or immovable construction tool or
 
14 equipment, appliance, merchandise, or other article for the
 
15 purpose of identifying the bicycle, movable or immovable tool or
 
16 equipment, appliance, merchandise or other article or its
 
17 component parts, with a value of more than $50.  A person removes
 
18 identification marks if the person attempts to or succeeds in
 
19 erasing, defacing, altering, or removing a serial number or
 
20 identification mark or part thereof, on the property of another. 
 
21      Removal of identification marks is a [misdemeanor.] class C
 
22 felony."
 
23      SECTION 4.  This Act shall not affect rights and duties that
 

 
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                                     S.B. NO.           2570
                                                        
                                                        

 
 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, prior to its effective date.
 
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 6.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:  _______________________