Report Title:

Stolen Property

Description:

Possession of property reported stolen by 2 or more victims shall be prima facie evidence of stolen property.

HOUSE OF REPRESENTATIVES

H.B. NO.

790

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO POSSESSION OF STOLEN PROPERTY.

 

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

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"708- Possession of stolen property; prima facie evidence. (1) Except as provided in subsection (2), if a 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 are from two or more other persons who are victims of a reported crime, it is prima facie evidence that the person knew that the items were stolen.

(2) This section shall not apply to:

(a) Legally registered pawn shop owners, their agents, employees, and representatives who are working in the capacity for the pawn shop; or

(b) Official employees or government agencies or their agents who are working in the capacity for the government agency.

(3) Possession of stolen items is a class C felony."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

By Request