Report Title:

Agricultural Theft; Class B Felony

Description:

Makes the commission of an agricultural theft a class B felony.

THE SENATE

S.B. NO.

2493

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agricultural theft.

 

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

SECTION 1. Section 145-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]§145-25[]] Enforcement; [citation and summons.] penalty. Violations of this part or any rule adopted pursuant thereto [may] shall be a class B felony and enforced by [citation and summons issued by:

(1) Any] any state or county law enforcement officer[; or

(2) Any officer or employee of the department of agriculture, authorized and designated by the board of agriculture to investigate and enforce this chapter and all rules adopted by the department pursuant thereto]."

SECTION 2. Section 708-835.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Theft of livestock is a [class C] class B felony."

SECTION 3. Section 145-26, Hawaii Revised Statutes, is repealed.

"[[§145-26] Form of citation and summons. (a) In issuing citations and summons for violations of this part, state and county law enforcement officers shall use the summons and complaint citation books issued by the judiciary for violations of the traffic code.

(b) Citations issued by officers and employees as described in section 145-25(2) shall use citation and summons forms that shall warn the person to appear and answer the charge against the person at a place and at a time within thirty days after the citation.

The citation and summons shall be in a form that allows a carbon copy to be provided to the accused. The district courts may provide for the disposition of the original and any other copies. Every citation and summons shall be consecutively numbered and each carbon copy shall bear the number of its respective original.]"

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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