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HB58
HOUSE OF REPRESENTATIVES
H.B. NO.
58
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to criminal property damage
.
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
vandalism of local businesses has become a common occurrence.
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Increasingly, there are reports of
"smash-and-grab" crimes, in which thieves smash windows, doors, or
display cases and flee with merchandise.
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The legislature recognizes that these crimes are especially concerning
when perpetrated against small businesses.
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Many locally- or independently-owned businesses survive month‑to-month
on thin profit margins.
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The
legislature also finds that small businesses are disproportionately burdened by
the time-consuming process of reporting and documenting criminal property damage.
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If a business owner is unable to obtain
an estimate to repair or replace property within the short time frame typically
requested by law enforcement representatives, the alleged offender may receive
more lenient treatment.
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More
specifically, the person may be charged with the petty misdemeanor offense of
criminal property damage in the fourth degree, which does not require proof of
the value of the damaged property.
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Although it is more expedient to prosecute this lesser offense because
the prosecutor has fewer elements to prove, convicted persons are often
sentenced to time already served pending prosecution, providing very little
deterrent value.
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Accordingly, the purpose of this Act
is to reduce the burden on business owners in the State by amending the
misdemeanor offense of criminal property damage in the third degree to include intentional
or knowing damage, in any amount, to property used for business operations.
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SECTION
2
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Section
708-822, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:
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"(1)
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A person commits the offense of criminal
property damage in the third degree if by means other than fire:
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(a)
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The person
recklessly damages the property of another, without the other's consent, by the
use of widely dangerous means;
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(b)
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The person
intentionally or knowingly damages the property of another, without the other's
consent, in an amount exceeding $500; [
or
]
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(c)
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The person
intentionally damages the agricultural equipment, supplies, or products or
aquacultural equipment, supplies, or products of another, including trees,
bushes, or any other plant and livestock of another, without the other's consent,
in an amount exceeding $100.
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In
calculating the amount of damages to agricultural products, the amount of
damages includes future losses and the loss of future production[
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]
;
or
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(d)
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The person
intentionally or knowingly damages the property of another, without the other's
consent, if the property is used in a business operation.
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For purposes of this section, property
"used in a business operation," includes signage, furniture, doors,
windows, vehicles bearing the name of the business operation, and any other
fixtures or equipment that are associated with the business operation.
"
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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.
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Statutory material to be repealed is
bracketed and stricken.
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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:
Penal
Code; Criminal Property Damage; Business Operations; Penalty
Description:
Amends
the misdemeanor offense of criminal property damage in the third degree to
include intentionally or knowingly damaging the property of another, if the
property is used in a business operation.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.