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SB1116
THE SENATE
S.B. NO.
1116
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO TRANSPORTATION
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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 addressing Hawaii's
high cost of living means empowering residents with cheaper options to commute,
especially for the next generation.
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In
the year 2000, ninety-nine per cent of all eighteen- to nineteen-year-old
residents held driver's licenses.
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Today,
that number has fallen to about sixty per cent.
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People are more frequently using transportation such as commuting by
bicycle and electric bicycle to significantly lower their cost of living.
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Families with multiple cars replacing one car
with a bicycle or electric bicycle can save as much as ten thousand dollars per
year.
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Bicycles
and electric bicycles are also less burdensome on the State's infrastructure.
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Every resident that transitions from
commuting by car to commuting by bicycle or electric bicycle reduces road wear,
congestion, traffic, and cost to taxpayers.
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Bicycles and electric bicycles also produce zero emissions and can
replace dirtier means of transportation, thereby reducing the State's
dependence on imported fossil fuels.
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However,
the legislature also finds that bicycle and electric bicycle theft is a growing
challenge.
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Bicycle and electric bicycle theft
is a particularly pernicious property offense against residents who rely on
their bicycles and electric bicycles to commute, especially to work.
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As a result, bicycle and electric bicycle theft
can deprive a person of their property interest and their ability to earn
income.
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For this very reason, for
decades theft of a motor vehicle, regardless of its dollar value, is an expressly
defined offense.
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Currently,
there is no expressly defined offense for theft of a bicycle or electric
bicycle, despite such loss having the same result on a working individual or
family as theft of a motor vehicle.
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Theft
of a bicycle valued at more than $750 is currently a class C felony under the
offense of theft in the second degree in section 708-831, Hawaii Revised
Statutes.
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However, many bicycles and
electric bicycles are sold for less than $750, which contributes to both their
popularity as a means of reducing the cost of living, and as a target for theft
since there exists little penalty.
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Therefore,
to deter theft of all bicycles, and in consideration of the important role of
bicycles in many working families' lives, the legislature believes that theft
of a bicycle of any value should be expressly defined in the penal code as is
theft of a motor vehicle.
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The
purpose of this Act is to establish the offense of theft of a bicycle.
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SECTION
2.
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Chapter 708, Hawaii Revised Statutes,
is amended by adding a new section to part IV to be appropriately designated
and to read as follows:
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�708-
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Theft of a bicycle.
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(1)
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Notwithstanding any other law to the contrary, a person commits the
offense of theft of a bicycle if the person commits theft of a bicycle or
electric bicycle.
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(2)
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A person who commits the offense of theft of
a bicycle shall:
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(a)
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For the first offense, be guilty of
a misdemeanor; and
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(b)
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For the second and each subsequent
offense that occurs within five years of a prior conviction for an offense
under this section, be guilty of a class C felony.
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(3)
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For the purposes of this section:
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"Bicycle" means a vehicle
propelled solely by human power upon which any person may ride, having two
tandan wheels, and including any vehicle generally recognized as a bicycle
though equipped with two front or two rear wheels except a toy bicycle.
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"Electric bicycle" means a bicycle
equipped with fully operable pedals, a saddle or seat for the rider, and an
electric motor not to exceed seven hundred and fifty watts that meets the
requirements of one of the following three classes:
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(1)
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Class 1 electric bicycle, which is
an electric bicycle equipped with a motor that provides assistance only when
the rider is pedaling, and that ceases to provide assistance when the bicycle
reaches the speed of twenty miles per hour;
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(2)
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Class 2 electric bicycle, which is
an electric bicycle equipped with a motor that may be used exclusively to
propel the bicycle, and that is not capable of providing assistance when the
bicycle reaches the speed of twenty miles per hour; or
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(3)
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Class 3 electric bicycle, which is
an electric bicycle equipped with a motor that provides assistance only when
the rider is pedaling, and that ceases to provide assistance when the bicycle
reaches the speed of twenty-eight miles per hour.
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"Toy bicycle" shall have the
same meaning as defined in section 291C-1.
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SECTION
3.
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Section
708-803,
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
habitual property crime if the person
is a habitual property crime perpetrator and commits a property crime[
.
]
;
provided that this section shall not apply to a person who commits the offense
of theft of a bicycle under section 708- .
"
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SECTION
4.
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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
5.
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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
6.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Theft of
a Bicycle; Misdemeanor; Felony
Description:
Establishes
the offense of theft of a bicycle.
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Establishes the first offense of theft of a bicycle as a
misdemeanor.
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Establishes the second and
each subsequent offense that occurs within five years of a prior conviction for
theft of a bicycle as a class C felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.