Report Title:

Motor Vehicles; Theft; Mandatory Minimum Penalties

Description:

Establishes mandatory minimum sentences for persons convicted of theft of a motor vehicle.

THE SENATE

S.B. NO.

820

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to mandatory minimum sentences for persons convicted of theft of a motor vehicle.

 

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

SECTION 1. Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:

"708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft:

(a) Of property or services, the value of which exceeds $20,000;

(b) Of a firearm; or

(c) Of dynamite or other explosive.

(2) Theft in the first degree is a class B felony[.]; provided that if a person is convicted of theft in the first degree of a motor vehicle as defined in chapter 291C, the minimum sentence imposed shall be imprisonment for one year."

SECTION 2. Section 708-836, Hawaii Revised Statutes, is amended by amending subsection (5) to read as follows:

"(5) Unauthorized control of a propelled vehicle is a class C felony[.] and shall carry a mandatory minimum sentence of imprisonment for three months."

SECTION 3. Section 708-836.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Unauthorized entry into motor vehicle is a class C felony[.] and shall carry a mandatory minimum penalty of imprisonment for three months."

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

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 Statutory material to be repealed is bracketed.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

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

INTRODUCED BY:

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