Report Title:

Motor Vehicle Theft; Penalties; Enhancement

Description:

Provides stiffer mandatory penalties for motor vehicle theft and removal of a vehicle identification number from a motor vehicle.

THE SENATE

S.B. NO.

90

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to penalties for motor vehicle theft.

 

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

SECTION 1. 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. If a judge sentences a person convicted under this section to probation, the judge shall also impose one or more of the following:

(a) A fine;

(b) A requirement that restitution be made to the victim or victims; or

(c) A minimum term of community service."

SECTION 2. 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. If a judge sentences a person convicted under this section to probation, the judge shall also impose one or more of the following:

(a) A fine;

(b) A requirement that restitution be made to the victim or victims; or

(c) A minimum term of community service."

SECTION 3. Section 708-838, Hawaii Revised Statutes, is amended to read as follows:

"708-838 Removal of identification marks. A person commits the offense of removal of identification marks if

(1) The person defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed by the manufacturer; or

(2) The person knowingly, to conceal the true ownership of the property of another, defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed

on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immovable tool or equipment, appliance, merchandise or other article or its component parts, with a value of more than $50. A person removes identification marks if the person attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the property of another.

Removal of identification marks is a [misdemeanor.] class C felony."

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:

_____________________________