HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THEFT OF PERSONAL ELECTRONIC DEVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the vast majority of reported crimes in Hawaii are property crimes (larceny-theft, burglary, and motor vehicle theft), which constituted approximately ninety-three per cent of all reported crimes in 2012, according to statistics released by the department of the attorney general. However, the law enforcement closure rate for property crimes in Hawaii was only fourteen per cent in 2012 compared to forty-eight per cent for all reported violent crimes (murder, rape, robbery, and aggravated assault) in the same year. These statistics demonstrate that current practices in the criminal justice system are ineffective in reducing or eliminating the most prevalent crimes in this State.
The legislature further finds that many property crimes involve the theft of laptop computers, tablet computers, cellular phones, and other personal electronic devices that can store or provide access to personal information such as names, addresses, electronic mail addresses, phone numbers, information related to employment, dates of birth, credit card numbers, passwords for accessing information, personal identification numbers, and personal financial information. Therefore, the theft of these devices can lead to other illegal activities such as identity theft and electronic crimes that can cause further harm to victims.
The purpose of this Act is to address theft that may lead to further crimes by use of the victim's personal information, by establishing a felony for theft of personal electronic devices that contain or have access to personal information.
SECTION 2. Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of theft in the second degree if the person commits theft:
(a) Of property from the person of another;
(b) Of property or services the value of which exceeds $300;
(c) Of an aquacultural product or part thereof from premises that are fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property", "No Trespassing", or a substantially similar message;
(d) Of agricultural equipment, supplies, or products, or
part thereof, the value of which exceeds $100 but does not exceed $20,000, or
of agricultural products that exceed twenty-five pounds, from premises that are
fenced, enclosed, or secured in a manner designed to exclude intruders or there
is prominently displayed on the premises a sign or signs sufficient to give
notice and reading as follows: "Private Property", "No
Trespassing", or a substantially similar message; or if at the point of
entry of the premise, a crop is visible. The sign or signs, containing letters
not less than two inches in height, shall be placed along the boundary line of
the land in a manner and in such position as to be clearly noticeable from
outside the boundary line. Possession of agricultural products without
ownership and movement certificates, when a certificate is required pursuant to
chapter 145, is prima facie evidence that the products are or have been stolen;
(e) Of agricultural commodities that are generally known to
be marketed for commercial purposes. Possession of agricultural commodities
without ownership and movement certificates, when a certificate is required
pursuant to section 145-22, is prima facie evidence that the products are or
have been stolen; provided that "agriculture commodities" has the
same meaning as in section 145-21[
(f) Of any computer that contains or has access to personal information. For the purposes of this paragraph:
"Computer" has the same meaning as in section 708-890.
"Personal information" has the same meaning as in section 487D-1."
SECTION 3. This Act does not affect rights and duties that
matured, penalties that were incurred, and proceedings that were begun before
its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2112.
Theft; Personal Electronic Devices
Establishes a class C felony for theft of personal electronic devices that contain or have access to personal information. (HB781 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.