Report Title:

Theft; Possession

Description:

Makes possession of stolen items from different owners prima facie evidence that person in possession had knowledge that items were stolen.

HOUSE OF REPRESENTATIVES

H.B. NO.

953

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THEFT AND POSSESSION OF STOLEN ITEMS.

 

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) Subsection (1) shall not apply to:

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

(b) Official employees or government agencies or their agents who are working in that 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:

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