THE SENATE

S.B. NO.

771

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

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 the 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.

     Currently, there is no expressly defined offense for theft of a bicycle.  Therefore, in order to deter theft of all bicycles, and in consideration of the important role of bicycles in many working families' lives and livelihoods, the legislature believes that theft of a bicycle of any value should be expressly defined as theft in the second degree.

     The purpose of this Act is to establish that theft of a bicycle is theft in the second degree, a class C felony.

     SECTION 2.  Section 708-800, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Bicycle" has the same meaning as section 291C-1.

     "Toy Bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels, including any device generally recognized as a bicycle though equipped with two front or two rear wheels, which has a seat height of not more than twenty-five inches from the ground when the seat is adjusted to its highest position; or a nonmotorized scooter or similar device regardless of seat height."

     SECTION 3.  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 $750;

    (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 a 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; or

    (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[.]; or

    (f)   Of a bicycle."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.


 


 

Report Title:

Theft of a Bicycle; Misdemeanor; Felony

 

Description:

Establishes that theft of a bicycle constitutes theft in the second degree, a class C felony.  Adds the definition of "bicycle" and "toy bicycle" to section 708-800, Hawaii Revised Statutes.  (SD1)

 

 

 

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