Hawaii 2022 Regular Session

Hawaii Senate Bill SB2987 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 2987 THIRTY-FIRST LEGISLATURE, 2022 ~~S.D. 1~~ STATE OF HAWAII 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. 2987 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII 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. 2987
4		-	THIRTY-FIRST LEGISLATURE, 2022 ~~S.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2022
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		2987
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13	13		THIRTY-FIRST LEGISLATURE, 2022
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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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 be appropriately designated and to read as follows: "§708- ~~Mandatory minimum~~ terms of imprisonment for offenses committed on agricultural lands. (1) ~~Notwithstanding any other law to the contrary,~~ 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 ~~a mandatory minimum~~ term of imprisonment. (2) The ~~mandatory minimum~~ term of imprisonment shall have a ~~minimum~~ length of imprisonment as follows: (a) For a class B felony--~~ninety days~~; (b) For a class C felony--~~sixty days~~; (c) For a misdemeanor--~~thirty days~~; and (d) For a petty misdemeanor--~~seven days~~. (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 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 sum appropriated shall be expended by the department of the attorney general for the purposes of this Act. 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 July 30, ~~2075~~.
	47	+	PART I SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section 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--intermediate twenty-year term of imprisonment; (b) For a class C felony--intermediate ten-year term of imprisonment; (c) For a misdemeanor--intermediate two-year term of imprisonment; and (d) For a petty misdemeanor--intermediate 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 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 sum appropriated shall be expended by the department of the attorney general for the purposes of this Act. 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 July 1, 2022. INTRODUCED BY: _____________________________
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49	49		PART I
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51	51		SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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53		-	"§708- ~~Mandatory minimum~~ terms of imprisonment for offenses committed on agricultural lands. (1) ~~Notwithstanding any other law to the contrary,~~ 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 ~~a mandatory minimum~~ term of imprisonment.
	53	+	"§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		-	(2) The ~~mandatory minimum~~ term of imprisonment shall have a ~~minimum~~ length of imprisonment as follows:
	55	+	(2) The extended term of imprisonment shall have a maximum length of imprisonment as follows:
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57		-	(a) For a class B felony--~~ninety days~~;
	57	+	(a) For a class B felony--intermediate twenty-year term of imprisonment;
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59		-	(b) For a class C felony--~~sixty days~~;
	59	+	(b) For a class C felony--intermediate ten-year term of imprisonment;
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61		-	(c) For a misdemeanor--~~thirty days~~; and
	61	+	(c) For a misdemeanor--intermediate two-year term of imprisonment; and
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63		-	(d) For a petty misdemeanor--~~seven days~~.
	63	+	(d) For a petty misdemeanor--intermediate sixty-day term of imprisonment.
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65	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."
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67	67		PART II
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69	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 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.
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71	71		The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
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73	73		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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75	75		SECTION 4. New statutory material is underscored.
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77		-	SECTION 5. This Act shall take effect on July 30, ~~2075~~.
	77	+	SECTION 5. This Act shall take effect on July 1, 2022.
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79		-	Report Title: Agricultural Lands; Crimes; Mandatory Minimums; Attorney General; Task Force; Appropriation Description: Imposes mandatory minimum 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 7/30/2075. (SD1) 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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	81	+	INTRODUCED BY: _____________________________
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	83	+	INTRODUCED BY:
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	85	+	_____________________________
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	91	+	Report Title: Agricultural Lands; Crimes Extended Terms of Imprisonment; Attorney General; 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. 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	97		Report Title:
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87		-	Agricultural Lands; Crimes~~; Mandatory Minimums~~; Attorney General; Task Force; Appropriation
	99	+	Agricultural Lands; Crimes Extended Terms of Imprisonment; Attorney General; Task Force; Appropriation
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91	103		Description:
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93		-	Imposes ~~mandatory minimum~~ 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 7/30/2075. (SD1)~~
	105	+	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.
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101	113		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.