RELATING TO PENALTIES.

HB1914

HOUSE OF REPRESENTATIVES

H.B. NO.

1914

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO PENALTIES
.

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

����
SECTION
1.
�
The legislature finds that Hawaii
ranks fifth among states for the highest average total value of stolen goods
per resident.
�
Many theft victims 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 were about eighty
smash‑and-grab burglaries on the island of Oahu.

����
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.
�

The legislature believes that Hawaii should follow suit to deter the
perpetrators of these crimes.

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
Establish enhanced terms of imprisonment for
burglary and theft offenses, which shall apply when the value of the property
exceeds certain dollar amounts;

����
(2)
�
Increase penalties for habitual property crime
offenders; and

����
(3)
�
Target fencing operations by establishing the
selling of stolen property as a theft offense.

����
SECTION 2.
�
Chapter 706, Hawaii Revised Statutes, is
amended by adding a new section to part IV to be appropriately designated and
to read as follows:

����
"
�706-
��

��
Enhanced
sentence of imprisonment for burglary or theft.
�
Notwithstanding any law to the
contrary, a person who has been convicted of an offense under part II or IV of chapter
708, in addition and consecutive to any term of imprisonment established by law
for that conviction, shall be sentenced to a term of imprisonment of:

����
(1)
�
Two years, if the value of the property
exceeds $50,000 but does not exceed $200,000;

����
(2)
�
Four years, if the value of the property
exceeds $200,000 but does not exceed $1,000,000;

����
(3)
�
Six years, if the value of the property
exceeds $1,000,000 but does not exceed $3,000,000; or

����
(4)
�
Eight years, if the value of the property
exceeds $3,000,000 but does not exceed $6,000,000;

provided that if the value of the property
exceeds $6,000,000, the person shall also be sentenced to one additional year
of imprisonment for each increment of $3,000,000 of value above $6,000,000.
"

����
SECTION
3
.
�
Section 663A-1, Hawaii Revised Statutes, is
amended by amending the definition of "shoplifting" to read as
follows:

����
""Shoplifting"
means the specific type of theft offense [
defined
]
described
in
section [
708-830(8).
]
708-830(9).
"

����
SECTION 4.
�
Section 708-803, Hawaii Revised Statutes, is
amended by amending subsections (4) and (5) to read as follows:

����
"(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 year;
]

five years;
or

����
(b)
�
A term of probation of [
five
]
ten

years, with conditions to include but not be limited to [
one year
]
five years
of
imprisonment; provided that probation shall only be available for a first
conviction under this section."

����
SECTION
5
.
�
Section 708-830, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�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)
�
Selling stolen property.
�
A person intentionally sells, attempts to
sell, returns for value, barters, exchanges, or conceals or stores for the
purpose of selling, the property of another, knowing it has been previously
stolen, with the 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 sold, the person sells or attempts to sell 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
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.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 8.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Penal
Code; Burglary; Theft; Penalties; Sentencing; Smash and Grab

Description:

Establishes
enhanced terms of imprisonment for burglary and theft offenses, which shall
apply when the value of the property exceeds certain dollar amounts.
�
Increase penalties for habitual property
crime offenders.
�
Establishes the selling
of stolen property as a theft offense.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.