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.