RELATING TO PENALTIES.

HB836

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:

����
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

year
s
; or

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

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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)
�
T
he 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 t
he 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)
�
T
he 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 t
he 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.

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

INTRODUCED BY:

_____________________________

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.