HB1759 • 2026

RELATING TO THEFT.

Crime

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: GEDEON, ALCOS, GARCIA, MATSUMOTO, MURAOKA, PIERICK, REYES ODA, SHIMIZU
Last action: 2026-02-17
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Takayama voting aye with reservations; Representative(s) Perruso voting no (1) and Representative(s) Cochran, Lee, M., Poepoe excused (3).
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details about how the task force will operate or what its recommendations might be.

Law to Fight Organized Retail Theft

This law creates the offense of organized retail theft, sets penalties based on the value of stolen goods and leadership roles in such crimes, and establishes a task force under the Attorney General's office.

What This Bill Does

Creates the offense of organized retail theft when people work together to steal from stores with plans to sell or use the stolen items.
Sets penalties for organized retail theft which are increased based on the value of property involved, and further increases penalties if someone recruits others to engage in such crimes.
Establishes an organized retail theft task force under the Attorney General's office.

Who It Names or Affects

People who commit organized retail theft will face new criminal charges.
Stores that are victims of organized retail theft may see increased protection against such crimes.
Law enforcement agencies and prosecutors will have new tools to investigate and prosecute organized retail theft cases.

Terms To Know

Organized Retail Theft: When a group works together to steal from stores with plans to sell or use the stolen items.
Task Force: A team of experts appointed by government officials to study and recommend solutions for specific issues, in this case organized retail theft.

Limits and Unknowns

The law does not affect rights and duties that matured before its effective date.
It is unclear how effectively the new penalties will deter organized retail theft.
The task force's recommendations may lead to further legislation, but this bill only establishes the group.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment creates a new offense called organized retail theft, establishes penalties based on the value of stolen merchandise and leadership roles in criminal activities, and sets up a task force to address this issue.

Adds a new section to Chapter 708 of Hawaii Revised Statutes defining 'organized retail theft' as intentionally acting with others to steal or receive stolen merchandise from retailers for sale or disposal.
Classifies organized retail theft as either a Class C felony (for merchandise valued between $200 and $750) or a Class B felony (for merchandise valued at $750 or more).
Increases penalties if the offender recruits, coordinates, organizes, supervises, directs, manages, or finances others to engage in organized retail theft.
Establishes an organized retail theft task force under the Department of Attorney General with specific members appointed by various authorities.

The effective date for this Act is July 1, 3000, which seems unusual and may be a placeholder or error in the text.
Details on how the task force will operate and its exact responsibilities are not fully specified in the provided amendment.

Bill History

2026-02-17 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Takayama voting aye with reservations; Representative(s) Perruso voting no (1) and Representative(s) Cochran, Lee, M., Poepoe excused (3).
2026-02-17 H
Reported from ECD (Stand. Com. Rep. No. 289-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-01-30 H
The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none.
2026-01-26 H
Bill scheduled to be heard by ECD on Friday, 01-30-26 10:00AM in House conference room 423 VIA VIDEOCONFERENCE.
2026-01-26 H
Referred to ECD, JHA, referral sheet 1
2026-01-22 H
Introduced and Pass First Reading.
2026-01-21 H
Pending introduction.

Official Summary Text

RELATING TO THEFT.
Minority Caucus Package; Organized Retail Theft; Task Force
Creates the offense of organized retail theft. Provides penalties for organized retail theft which are increased based on value of property and leadership roles. Creates an organized retail theft task force. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB1759

HOUSE OF REPRESENTATIVES

H.B. NO.

1759

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to theft
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that the surge
in theft perpetrated by organized retail crime rings is threatening communities
and businesses.
�
According to the
National Retail Federation, "sixty-six per cent of retailers reported
transnational organized retail crime involvement in thefts against their
companies since 2024."
�
The U.S.
Department of Homeland Security estimates that $15 billion in state and federal
tax revenue is lost due to organized retail crime.
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These crimes are not limited to impacting
large department stores but also small businesses which comprise ninety-nine
per cent of the business landscape in Hawaii.

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To malicious actors, these crimes
are considered low-risk and yield a high-reward.
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Fifteen states passed laws in 2025 to address
the pervasive issue of organized retail crime.
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Hawaii, the state fourth most impacted by retail theft according to
Forbes, needs to join this nationwide response to combat organized retail crime.
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The purpose of this Act is to create the
offense of organized retail theft and provide penalties accordingly.

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SECTION
2.
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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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Organized retail theft.
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(1)
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For purposes of this section:

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"Retailer" means a
person or business that sells or facilitates the sale of merchandise to the
public for use or consumption rather than for resale.

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(2)
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A
person commits the offense of organized retail theft if the person intentionally:

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(a)
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Acts in concert
with one or more persons to commit theft of merchandise from one or more
retailers with intent to sell, exchange, or dispose of the merchandise for
value; or

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(b)
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Acts in concert
with one or more persons to receive, possess, conceal, store, or purchase
merchandise explicitly represented to the person as being merchandise stolen
from a retailer.

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(3)
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Violation of this section is:

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(a)
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A Class C
felony if the value or aggregate value of the merchandise involved in the act
is $200 or more but less than $750; or

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(b)
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A Class B
felony if the value or aggregate value of the merchandise involved in the act
is $750 or more.

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(4)
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Violation of this section described in
subsection (3) is increased to the next higher category of offense if the
person recruits, coordinates, organizes, supervises, directs, manages, or
finances one or more persons to engage in an act described in subsection (2).

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(5)
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There is to be established an organized retail
theft task force under the department of the attorney general.

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(a)
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The task force
shall consist of no more than fifteen members and shall include:

���������
(i)
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Four
members appointed by the governor, one of whom shall be an individual who
represents state or local law enforcement;

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(ii)
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President,
or their designee, of the Chamber of Commerce Hawaii;

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(iii)
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President,
or their designee, of the Retail Merchants of Hawaii;

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(iv)
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Prosecuting
Attorney, or their designee, for the City and County of Honolulu;

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(v)
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Prosecuting
Attorney, or their designee, for the County of Maui;

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(vi)
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Prosecuting
Attorney, or their designee, for the County of Kauai; and

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(vii)
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Prosecuting
Attorney, or their designee, for the County of Hawaii.

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(b)
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Appointments to
the task force shall be made by the appointing authority no later than sixty
days after the effective date of this Act.

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(c)
�
The members of
the task force shall serve without compensation.
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No member of the task force shall be made
subject to section 84-17, solely because of that member's participation on the
task force.
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The task force shall be
exempt from chapter 92.

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(d)
�
The 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 the regular session of 2027.
"

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SECTION 3.
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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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SECTION 4.
�
New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Minority
Caucus Package; Organized Retail Theft; Task Force

Description:

Creates
the offense of organized retail theft.
�
Provides
penalties for organized retail theft which are increased based on value of
property and leadership roles.
�
Creates
an organized retail 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.