| 47 | | - | SECTION 1. This Act shall be known and may be cited as "Duke's Law" in memory of Cranston "Duke" Pia. SECTION 2. The legislature finds that agricultural crimes, including theft, vandalism, and trespassing, have significantly impacted the State's agricultural sector, leading to economic losses and safety concerns for farmers and ranchers. These types of crimes affect not only individual livelihoods, but also the State's broader agricultural economy and food security. Accordingly, the purpose of this Act is to: (1) Establish and appropriate funds for a permanent agricultural crimes task force to address the issue of agricultural crime in the State; and (2) Establish an offense of agricultural crime for committing property crimes on agricultural property. SECTION 3. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§141- Agricultural crimes task force. (a) There shall be established an agricultural crimes task force within the department of agriculture for administrative purposes that shall consist of the following members: (1) The chairperson of the board of agriculture, or the chairperson's designee, who shall serve as chairperson of the task force; (2) A representative from the department of law enforcement; (3) A representative from the department of the attorney general; (4) A representative from the department of the prosecuting attorney of the city and county of Honolulu; (5) Two members representing agricultural organizations or farmer associations, to be invited by the chairperson; (6) Two members from a law enforcement agency with experience with agricultural crimes; and (7) One member from the academic community specializing in agriculture or criminology, to be invited by the chairperson. (b) The task force shall: (1) Develop strategies to prevent agricultural crimes; (2) Coordinate with local law enforcement to enhance responses to reports of agricultural crime; (3) Coordinate with state and county prosecutors to develop methods to prioritize the prosecution of agricultural crimes to the fullest extent of the law; (4) Recommend legislation to address gaps in existing law relating to agricultural crime; (5) Facilitate education and outreach programs for farmers on crime prevention; and (6) Monitor and report on the effectiveness of any policies and programs implemented. (c) The members of the agricultural crimes task force shall serve without compensation, but shall be reimbursed for reasonable expenses necessary for the performance of their duties, including travel expenses. (d) The agricultural crimes task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session." SECTION 4. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§708- Agricultural crime. (1) A person commits the offense of agricultural crime if the person: (a) Is on agricultural property and: (i) Is found guilty of committing, or pleads guilty or no contest to, any offense under this chapter; (ii) Violates section 183D-26 or 183D-27; or (iii) Commits the offense of negligent failure to control a dangerous dog under section 711-1144; or (b) Is the parent or legal guardian of a minor who violates paragraph (a). (2) For the purposes of this section: "Agricultural property" means farming assets used for agricultural production, including but not limited to land, buildings, equipment, livestock, and crops. "Minor" means any person under the age of eighteen years. (3) Agricultural crime is a class C felony. (4) For a conviction under this section, the sentence shall be: (a) For a first offense, a fine of no more than $2,000 or imprisonment for no more than one year, or both; or (b) For a second or subsequent offense, a fine of at least $10,000 or imprisonment for no more than five years, or both. (5) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to the owner of the agricultural property for any damages or losses incurred due to the violation." SECTION 5. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operational costs of the agricultural crimes task force, including but not limited to the hiring of necessary staff, equipment, and educational outreach. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. This Act shall be known and may be cited as "Duke's Law" in memory of Cranston "Duke" Pia. SECTION 2. The legislature finds that agricultural crimes, including theft, vandalism, and trespassing have significantly impacted the State's agricultural sector, leading to economic losses and safety concerns for farmers and ranchers. These types of crimes not only affect individual livelihoods, but also the State's broader agricultural economy and food security. Accordingly, the purpose of this Act is to: (1) Establish an agricultural crimes task force to address the issue of agricultural crime in the State; and (2) Increase penalties for property crimes committed on agricultural property. SECTION 3. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§141- Agricultural crimes task force. (a) There is established an agricultural crimes task force within the department of agriculture for administrative purposes that shall consist of the following members: (1) The chairperson of the board of agriculture, or the chairperson's designee, who shall serve as chairperson of the taskforce; (2) A representative from the department of law enforcement; (3) A representative from the department of the attorney general; (4) A representative from the department of the prosecuting attorney of the city and county of Honolulu; (5) Two members representing agricultural organizations or farmer associations to be invited by the chairperson; (6) Two members from a law enforcement agency with experience with agricultural crimes; and (7) One member from the academic community specializing in agriculture or criminology, to be invited by the chairperson. (b) The task force shall: (1) Develop strategies to prevent agricultural crimes; (2) Coordinate with local law enforcement to enhance responses to reports of agricultural crime; (3) Coordinate with state and county prosecutors to develop methods to prioritize the prosecution of agricultural crimes to the fullest extent of the law; (4) Recommend legislation to address gaps in existing law relating to agricultural crime; (5) Facilitate education and outreach programs for farmers on crime prevention; and (6) Monitor and report on the effectiveness of any policies and programs implemented. (c) The members of the agricultural crimes task force shall serve without compensation, but shall be reimbursed for reasonable expenses necessary for the performance of their duties, including travel expenses. (d) The agricultural crimes task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session." SECTION 4. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§708- Agricultural crime. (1) A person commits the offense of agricultural crime if the person: (a) Is on agricultural property and: (i) Commits a property crime; (ii) Violates section 183D-26 or 183D-27; or (iii) Commits the offense of negligent failure to control a dangerous dog under section 711-1144; or (b) Is the parent or legal guardian of a minor who violates paragraph (a). (2) 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. (3) For the purposes of this section: "Agricultural property" means farming assets used for agricultural production, including but not limited to land, buildings, equipment, livestock, and crops. "Minor" means any person under the age of eighteen years. (4) Agricultural crime is a class C felony. (5) For a conviction under this section, the sentence shall be either: (a) For a first offense, a fine of not more than $2,000 or imprisonment for not more than one year, or both; or (b) For a second or subsequent offense, a fine of at least $10,000 or imprisonment for not more than five years, or both. (6) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to the owner of the agricultural property for any damages or losses incurred due to the violation." SECTION 5. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operational costs of the agricultural crimes task force, including but not limited to the hiring of necessary staff, equipment, and educational outreach. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2050. |
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