HOUSE OF REPRESENTATIVES

H.B. NO.

2571

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to theft.

 

 

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

 


     SECTION 1.  The legislature finds that addressing Hawaii's high cost of living means empowering residents with cheaper options to commute, especially for our next generation.  In the year 2000, ninety-nine per cent of all eighteen to nineteen-year-old residents held driver's licenses.  Today, that number has fallen to just sixty per cent.  People are more frequently using alternative transportation such as commuting by bicycle at significant cost savings.

     Bicycles are less burdensome on the State's infrastructure.  Every resident that transitions from commuting by car to commuting by bicycle reduces road wear, congestion, and traffic.  Bicycles also produce zero emissions and can replace dirtier means of transportation, thereby reducing the State's dependence on imported fossil fuels.

     However, the legislature also finds that bicycle theft is a growing challenge.  Bicycle theft is a particularly pernicious property offense against residents who commute by bicycle, especially to work.  As a result, bicycle theft can deprive a person of their property interest and their ability to earn income.  For this very reason theft of a vehicle, regardless of value is an expressly defined offense.

     Currently, there is no expressly defined offense for theft of a bicycle.  Theft of a bicycle valued at $750 or more is a class C felony under the offense of theft in the second degree in section 708-831, Hawaii Revised Statutes.  However, many bicycles are sold below the $750 threshold, which contributes to both their popularity as a means of reducing cost of living, and as a target for theft since there exists little penalty.  Therefore, in order to deter theft of all bicycles, and in consideration of the important role of bicycles in many working families' lives, the legislature believes that theft of a bicycle of any value should be expressly defined in the penal code similarly to theft of a vehicle.

     The purpose of this Act is to create the offense of theft of a bicycle as a class C felony.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§708-     Theft of a bicycle.  (1)  A person commits the offense of theft of a bicycle if the person commits theft of a bicycle by any means under section 708-830.

     (2)  For the purposes of this section, "bicycle" means:

          (a)  A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or

          (b)  A low-speed electric bicycle, as defined under title 15 United States Code section 2085.

     (3)  Theft of a bicycle is a class C felony."

     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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Theft; Bicycle; Felony

 

Description:

Creates the offense of theft of a bicycle as a class C felony.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.