Hawaii 2025 Regular Session

Hawaii House Bill HB836 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 836 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PENALTIES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 836
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	836
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO PENALTIES.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that Hawaii ranks fifth among states for the highest average total value of stolen goods per resident. Many of those targeted are small businesses which comprise ninety-nine per cent of the business landscape in the islands. The Honolulu Police Department confirmed that between October 2023 and January 2024, there have been about eighty smash-and-grab burglaries around the island. Recent crime data in California reported a steady increase in shoplifting between 2021 and 2022, and the state responded by adopting a measure increasing penalties for certain types of theft and burglary. Hawaii should follow suit and adopt similar reform. The purpose of this Act is to: (1) Target fencing operations and impose enhanced sentencing to those who knowingly receive stolen property or resell such property; (2) Increase penalties for habitual property crime perpetrators; and (3) Create steeper penalties for felony theft and burglary offenses. SECTION 2. Section 708-803, Hawaii Revised Statutes, is amended to read as follows: "§708-803 Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a property crime. (2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within ten years of the instant offense, has convictions for offenses within this chapter for: (a) Any combination of two felonies or misdemeanors; or (b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or (c) Three petty misdemeanors. The convictions shall be for separate incidents on separate dates. The prosecution is not required to prove any state of mind with respect to the person's status as a habitual property crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element. (3) A person commits a property crime if the person engages in conduct that constitutes an offense under this chapter. It can be established that the person has committed a property crime by either the prosecution proving that the person is guilty of or by the person pleading guilty or no contest to committing any offense under this chapter. (4) Habitual property crime is a class [C] B felony. (5) For a conviction under this section, the sentence shall be either: (a) An indeterminate term of imprisonment of [five] ten years; provided that the minimum term of imprisonment shall be not less than [one] five years; or (b) A term of probation of [five] ten years, with conditions to include but not be limited to [one] five years of imprisonment; provided that probation shall only be available for a first conviction under this section." SECTION 3. Section 708-830, Hawaii Revised Statutes, is amended to read as follows: "PART IV. THEFT AND RELATED OFFENSES §708-830 Theft. A person commits theft if the person does any of the following: (1) Obtains or exerts unauthorized control over property. A person obtains or exerts unauthorized control over the property of another with intent to deprive the other of the property. (2) Property obtained or control exerted through deception. A person obtains, or exerts control over, the property of another by deception with intent to deprive the other of the property. (3) Appropriation of property. A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner. (4) Obtaining services by deception. A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception. (5) Diversion of services. Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto. (6) Failure to make required disposition of funds. (a) A person intentionally obtains property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and deals with the property as the person's own and fails to make the required payment or disposition. It does not matter that it is impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition. A person's status as an officer or employee of the government or a financial institution is prima facie evidence that the person knows the person's legal obligations with respect to making payments and other dispositions. If the officer or employee fails to pay or account upon lawful demand, or if an audit reveals a falsification of accounts, it shall be prima facie evidence that the officer or employee has intentionally dealt with the property as the officer's or employee's own. (b) A person obtains personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and the person intentionally fails to make the payment or disposition at the proper time. (7) Receiving stolen property. A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property. It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value. (8) Sale of stolen goods. A person intentionally receives, retains, conceals, stores, barters, exchanges, returns for value, or attempts to sell the property of another, including online, knowing it has been previously stolen, with the intent to deprive the owner of the property. It is prima facie evidence that a person has attempted to resell stolen property if the dealer in the property of the sort sells the property at a rate that is far below its reasonable value. [(8)](9) Shoplifting. (a) A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud. (b) A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud. (c) A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud. The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership of such goods or merchandise. Photographs of the goods or merchandise involved, duly identified in writing by the arresting police officer as accurately representing such goods or merchandise, shall be deemed competent evidence of the goods or merchandise involved and shall be admissible in any proceedings, hearings, and trials for shoplifting to the same extent as the goods or merchandise themselves." SECTION 4. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§706- Sentence of imprisonment for theft. (1) The court may sentence a person who has been convicted of an offense under chapter 708, part IV, to the imprisonment structure in paragraph (2). (2) In addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, the court shall impose the following enhanced sentencing of: (a) One year if the property value exceeds $50,000; (b) Two years if the property value exceeds $200,000; (c) Three years if the property value exceeds $1,000,000; (d) Four years if the property value exceeds $3,000,000; and (e) For property value in excess of $6,000,000, the court shall impose a term of one year per $3,000,000, in addition to the term specified in subparagraph (d)." SECTION 5. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§706- Sentence of imprisonment for burglary. (1) The court may sentence a person who has been convicted of an offense under chapter 708, part II, to the imprisonment structure in paragraph (2). (2) In addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, the court shall impose the following enhanced sentencing of: (a) Two years if the property value exceeds $50,000; (b) Four years if the property value exceeds $200,000; (c) Six years if the property value exceeds $1,000,000; (d) Eight years if the property value exceeds $3,000,000; and (e) For property value in excess of $6,000,000, the court shall impose a term of one year per $3,000,000, in addition to the term specified in subparagraph (d)." SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 8. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that Hawaii ranks fifth among states for the highest average total value of stolen goods per resident. Many of those targeted are small businesses which comprise ninety-nine per cent of the business landscape in the islands. The Honolulu Police Department confirmed that between October 2023 and January 2024, there have been about eighty smash-and-grab burglaries around the island.
50	50
51	51	Recent crime data in California reported a steady increase in shoplifting between 2021 and 2022, and the state responded by adopting a measure increasing penalties for certain types of theft and burglary. Hawaii should follow suit and adopt similar reform.
52	52
53	53	The purpose of this Act is to:
54	54
55	55	(1) Target fencing operations and impose enhanced sentencing to those who knowingly receive stolen property or resell such property;
56	56
57	57	(2) Increase penalties for habitual property crime perpetrators; and
58	58
59	59	(3) Create steeper penalties for felony theft and burglary offenses.
60	60
61	61	SECTION 2. Section 708-803, Hawaii Revised Statutes, is amended to read as follows:
62	62
63	63	"§708-803 Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a property crime.
64	64
65	65	(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within ten years of the instant offense, has convictions for offenses within this chapter for:
66	66
67	67	(a) Any combination of two felonies or misdemeanors; or
68	68
69	69	(b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or
70	70
71	71	(c) Three petty misdemeanors.
72	72
73	73	The convictions shall be for separate incidents on separate dates. The prosecution is not required to prove any state of mind with respect to the person's status as a habitual property crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.
74	74
75	75	(3) A person commits a property crime if the person engages in conduct that constitutes an offense under this chapter. It can be established that the person has committed a property crime by either the prosecution proving that the person is guilty of or by the person pleading guilty or no contest to committing any offense under this chapter.
76	76
77	77	(4) Habitual property crime is a class [C] B felony.
78	78
79	79	(5) For a conviction under this section, the sentence shall be either:
80	80
81	81	(a) An indeterminate term of imprisonment of [five] ten years; provided that the minimum term of imprisonment shall be not less than [one] five years; or
82	82
83	83	(b) A term of probation of [five] ten years, with conditions to include but not be limited to [one] five years of imprisonment; provided that probation shall only be available for a first conviction under this section."
84	84
85	85	SECTION 3. Section 708-830, Hawaii Revised Statutes, is amended to read as follows:
86	86
87	87	"PART IV. THEFT AND RELATED OFFENSES
88	88
89	89
90	90
91	91	§708-830 Theft. A person commits theft if the person does any of the following:
92	92
93	93	(1) Obtains or exerts unauthorized control over property. A person obtains or exerts unauthorized control over the property of another with intent to deprive the other of the property.
94	94
95	95	(2) Property obtained or control exerted through deception. A person obtains, or exerts control over, the property of another by deception with intent to deprive the other of the property.
96	96
97	97	(3) Appropriation of property. A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner.
98	98
99	99	(4) Obtaining services by deception. A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception.
100	100
101	101	(5) Diversion of services. Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto.
102	102
103	103	(6) Failure to make required disposition of funds.
104	104
105	105	(a) A person intentionally obtains property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and deals with the property as the person's own and fails to make the required payment or disposition. It does not matter that it is impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition. A person's status as an officer or employee of the government or a financial institution is prima facie evidence that the person knows the person's legal obligations with respect to making payments and other dispositions. If the officer or employee fails to pay or account upon lawful demand, or if an audit reveals a falsification of accounts, it shall be prima facie evidence that the officer or employee has intentionally dealt with the property as the officer's or employee's own.
106	106
107	107	(b) A person obtains personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and the person intentionally fails to make the payment or disposition at the proper time.
108	108
109	109	(7) Receiving stolen property. A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property. It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value.
110	110
111	111	(8) Sale of stolen goods. A person intentionally receives, retains, conceals, stores, barters, exchanges, returns for value, or attempts to sell the property of another, including online, knowing it has been previously stolen, with the intent to deprive the owner of the property. It is prima facie evidence that a person has attempted to resell stolen property if the dealer in the property of the sort sells the property at a rate that is far below its reasonable value.
112	112
113	113	[(8)](9) Shoplifting.
114	114
115	115	(a) A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud.
116	116
117	117	(b) A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud.
118	118
119	119	(c) A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.
120	120
121	121	The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership of such goods or merchandise. Photographs of the goods or merchandise involved, duly identified in writing by the arresting police officer as accurately representing such goods or merchandise, shall be deemed competent evidence of the goods or merchandise involved and shall be admissible in any proceedings, hearings, and trials for shoplifting to the same extent as the goods or merchandise themselves."
122	122
123	123	SECTION 4. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
124	124
125	125	"§706- Sentence of imprisonment for theft. (1) The court may sentence a person who has been convicted of an offense under chapter 708, part IV, to the imprisonment structure in paragraph (2).
126	126
127	127	(2) In addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, the court shall impose the following enhanced sentencing of:
128	128
129	129	(a) One year if the property value exceeds $50,000;
130	130
131	131	(b) Two years if the property value exceeds $200,000;
132	132
133	133	(c) Three years if the property value exceeds $1,000,000;
134	134
135	135	(d) Four years if the property value exceeds $3,000,000; and
136	136
137	137	(e) For property value in excess of $6,000,000, the court shall impose a term of one year per $3,000,000, in addition to the term specified in subparagraph (d)."
138	138
139	139	SECTION 5. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
140	140
141	141	"§706- Sentence of imprisonment for burglary. (1) The court may sentence a person who has been convicted of an offense under chapter 708, part II, to the imprisonment structure in paragraph (2).
142	142
143	143	(2) In addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, the court shall impose the following enhanced sentencing of:
144	144
145	145	(a) Two years if the property value exceeds $50,000;
146	146
147	147	(b) Four years if the property value exceeds $200,000;
148	148
149	149	(c) Six years if the property value exceeds $1,000,000;
150	150
151	151	(d) Eight years if the property value exceeds $3,000,000; and
152	152
153	153	(e) For property value in excess of $6,000,000, the court shall impose a term of one year per $3,000,000, in addition to the term specified in subparagraph (d)."
154	154
155	155	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
156	156
157	157	SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
158	158
159	159	SECTION 8. This Act shall take effect upon its approval.
160	160
161	161
162	162
163	163
164	164
165	165
166	166
167	167	INTRODUCED BY: _____________________________
168	168
169	169	INTRODUCED BY:
170	170
171	171	_____________________________
172	172
173	173
174	174
175	175
176	176
177	177	Report Title: Penalties; Sentencing; Theft; Burglary; Smash and Grab Description: Mandates courts to impose an enhanced sentence for theft and burglary offenses over a certain property value threshold. Increases penalties for habitual property crime perpetrators. Targets fencing operations and imposes enhanced sentencing to those who knowingly receive stolen property or resell such property. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
178	178
179	179
180	180
181	181
182	182
183	183	Report Title:
184	184
185	185	Penalties; Sentencing; Theft; Burglary; Smash and Grab
186	186
187	187
188	188
189	189	Description:
190	190
191	191	Mandates courts to impose an enhanced sentence for theft and burglary offenses over a certain property value threshold. Increases penalties for habitual property crime perpetrators. Targets fencing operations and imposes enhanced sentencing to those who knowingly receive stolen property or resell such property.
192	192
193	193
194	194
195	195
196	196
197	197
198	198
199	199	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.