Hawaii 2022 Regular Session

Hawaii Senate Bill SB219 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 219 THIRTY-FIRST LEGISLATURE, 2021 S.D. 2 STATE OF HAWAII H.D. 2 A BILL FOR AN ACT RELATING TO CRIMES ON AGRICULTURAL LANDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 219 THIRTY-FIRST LEGISLATURE, 2021 S.D. 2 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO CRIMES ON AGRICULTURAL LANDS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 219
4	4		THIRTY-FIRST LEGISLATURE, 2021 S.D. 2
5		-	STATE OF HAWAII H.D. 2
	5	+	STATE OF HAWAII H.D. 1
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		219
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15	15		S.D. 2
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17	17		STATE OF HAWAII
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19		-	H.D. 2
	19	+	H.D. 1
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO CRIMES ON AGRICULTURAL LANDS.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	PART I SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§708- Extended terms of imprisonment for offenses committed on agricultural lands. (1) The court shall sentence a person convicted of an offense under part II, III, or IV of this chapter that is committed while on agricultural land to an extended term of imprisonment. (2) The extended term of imprisonment shall have a maximum length of imprisonment as follows: (a) For a class B felony--indeterminate twenty-year term of imprisonment; (b) For a class C felony--indeterminate ten-year term of imprisonment; (c) For a misdemeanor--indeterminate two-year term of imprisonment; and (d) For a petty misdemeanor--indeterminate sixty-day term of imprisonment. (3) As used in this section, "agricultural land" means any acreage of land used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land." PART II SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for the department of the attorney general to establish a statewide agricultural theft task force to provide law enforcement with tools necessary to identify agricultural theft perpetrators. The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act. PART III 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 on May 6, 2137.
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49		-	PART I
	47	+	SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§708- Extended terms of imprisonment for offenses committed on agricultural lands. (1) The court shall sentence a person convicted of an offense under part II, III, or IV of this chapter that is committed while on agricultural land to an extended term of imprisonment. (2) The extended term of imprisonment shall have a maximum length of imprisonment as follows: (a) For a class B felony--indeterminate twenty-year term of imprisonment; (b) For a class C felony--indeterminate ten-year term of imprisonment; (c) For a misdemeanor--indeterminate two-year term of imprisonment; and (d) For a petty misdemeanor--indeterminate sixty days of imprisonment. (3) There shall be a rebuttable presumption that an unauthorized person on agricultural land has committed an offense under part II, III, or IV of this chapter when on agricultural land. (4) As used in this section, "agricultural land" means any acreage of land used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on May 6, 2137.
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51	49		SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
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53	51		"§708- Extended terms of imprisonment for offenses committed on agricultural lands. (1) The court shall sentence a person convicted of an offense under part II, III, or IV of this chapter that is committed while on agricultural land to an extended term of imprisonment.
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55	53		(2) The extended term of imprisonment shall have a maximum length of imprisonment as follows:
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57	55		(a) For a class B felony--indeterminate twenty-year term of imprisonment;
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59	57		(b) For a class C felony--indeterminate ten-year term of imprisonment;
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61	59		(c) For a misdemeanor--indeterminate two-year term of imprisonment; and
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63		-	(d) For a petty misdemeanor--indeterminate sixty~~-day term~~ of imprisonment.
	61	+	(d) For a petty misdemeanor--indeterminate sixty days of imprisonment.
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65		-	(3) ~~As used in~~ this ~~section, "agricultural~~ land" means any acreage of land used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land."
	63	+	(3) There shall be a rebuttable presumption that an unauthorized person on agricultural land has committed an offense under part II, III, or IV of this chapter when on agricultural land.
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67		-	~~PART II~~
	65	+	(4) As used in this section, "agricultural land" means any acreage of land used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land."
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69		-	SECTION 2. ~~There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2021-2022~~ and ~~the same sum or so much thereof as may be necessary for fiscal year 2022-2023~~ ~~for the department of the attorney general to establish a statewide agricultural theft task force to provide law enforcement with tools necessary to identify agricultural theft perpetrators~~.
	67	+	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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71		-	~~The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act~~.
	69	+	SECTION 3. New statutory material is underscored.
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73		-	~~PART III~~
	71	+	SECTION 4. This Act shall take effect on May 6, 2137.
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75		-	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.
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77		-	SECTION 4. New statutory material is underscored.
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79		-	SECTION 5. This Act shall take effect on May 6, 2137.
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81		-	Report Title: Agricultural Lands; Crimes; Extended Terms of Imprisonment; AG; Task Force; Appropriation Description: Imposes extended terms of imprisonment for certain offenses against property rights committed when on agricultural land. Appropriates funds to the department of the attorney general to establish a statewide agricultural theft task force. Effective 5/6/2137. (HD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
	73	+	Report Title: Agricultural Lands; Crimes; Extended Terms of Imprisonment Description: Imposes extended terms of imprisonment for certain offenses against property rights committed when on agricultural land. Creates a rebuttable presumption. Effective 5/6/2137. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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85	77		Report Title:
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87		-	Agricultural Lands; Crimes; Extended Terms of Imprisonment~~; AG; Task Force; Appropriation~~
	79	+	Agricultural Lands; Crimes; Extended Terms of Imprisonment
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91	83		Description:
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93		-	Imposes extended terms of imprisonment for certain offenses against property rights committed when on agricultural land. ~~Appropriates funds to the department of the attorney general to establish~~ a ~~statewide agricultural theft task force~~. Effective 5/6/2137. (~~HD2~~)
	85	+	Imposes extended terms of imprisonment for certain offenses against property rights committed when on agricultural land. Creates a rebuttable presumption. Effective 5/6/2137. (HD1)
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101	93		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.