THE SENATE

S.B. NO.

2153

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.

 

 

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

 


SECTION 1. The Hawaii Revised Statutes contain a number of provisions aimed at addressing the high number of vehicle thefts that occur on the island of Oahu. Frequently, a stolen vehicle is recovered during the commission of a crime or after it has been used to commit other crimes. In many vehicle theft cases, the vehicle is recovered while being operated or occupied by individuals who were not authorized to operate or occupy the vehicle. However, law enforcement may be unable to connect the actual theft of the vehicle with a specific individual.

Current statutory provisions have been rendered ineffective by state court rulings that require the State to prove that a defendant operating or occupying a stolen vehicle knew that the vehicle was stolen. In the great majority of cases, this requires a confession from the defendant, which may be difficult to obtain because defendants have the right to remain silent. Thus, law enforcement is often hindered in meeting the burden of proof needed to prosecute these cases.

The purpose of this Act is to establish the offense of unauthorized detention of propelled vehicle, which applies if a propelled vehicle is stolen and a person obtains possession of the vehicle from another without first making a reasonable inquiry as to whether the other party had the legal right to sell or deliver the vehicle.

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- Unauthorized detention of propelled vehicle. (1) A person commits the offense of unauthorized detention of a propelled vehicle if:

(a) The propelled vehicle was taken in an act of theft in the first degree under section 708-830.5, theft in the second degree under section 708-831, theft in the third degree under section 708-832, theft in the fourth degree under section 708-833, or unauthorized control of propelled vehicle under section 708-836; and

(b) The person recklessly or negligently obtains possession of the propelled vehicle from another person without first making a reasonable inquiry as to whether the other person had the legal right to sell or deliver the propelled vehicle.

(2) Unauthorized detention of propelled vehicle is a misdemeanor.

(3) For the purposes of this section, "propelled vehicle" shall have the same meaning as in section 708-836(2)."

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:

_____________________________

 

By Request


 


 

Report Title:

Honolulu Police Department Package; Vehicles; Detention

 

Description:

Establishes the offense of unauthorized detention of propelled vehicle, which applies if a propelled vehicle is stolen and a person obtains possession of the vehicle from another without first making a reasonable inquiry as to whether the other party had the legal right to sell or deliver the vehicle.

 

 

 

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