HOUSE OF REPRESENTATIVES	H.B. NO.	1578
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 2
STATE OF HAWAII		S.D. 1
		C.D. 1

A BILL FOR AN ACT

 

 

RELATING TO THEFT.

 

 

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

 

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§708-    Theft of urn.  (1)  A person commits the offense of theft of urn if the person:

     (a)  Obtains an urn through any means described in section 708-830; or

     (b)  Violates section 445-233 in regard to an urn.

     (2)  For the purposes of this section, "urn" means a container that is or has been used to hold human ashes.

     (3)  Theft of urn is a class C felony."

     SECTION 2.  Section 445-231, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Urn" means a container that is or has been used to hold human ashes."

     SECTION 3.  Section 445-233, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  If the scrap presented for purchase is copper, [or] a beer keg, or an urn, in whole or in part, the seller shall provide a copy of a receipt that describes, with particularity:

     (1)  The exact item that is being offered for sale;

     (2)  Who issued the receipt;

     (3)  The date of sale of the item prior to the item's being offered to the scrap dealer; and

     (4)  The price, if any, of the item when obtained by the seller."

     2.  By amending subsections (d), (e), and (f) to read:

     "(d)  If the seller does not provide a copy of the receipt or the notarized declaration as required by subsections (b) and (c), the scrap dealer shall not purchase the copper, [or] beer keg, or urn, in whole or in part, and shall report the attempted sale to the police.

     (e)  If the scrap dealer purchases any copper [or], beer keg, or urn, in whole or in part, the scrap dealer shall take a photograph or photographs of all of the copper [or any], beer keg, or urn, offered for sale.

     (f)  The scrap dealer shall also require the seller to verify the seller's identity by presenting a valid photo identification card or license issued by a federal or state government agency authorized to issue valid identification.  If the scrap being offered for sale is copper, [or] a beer keg, or an urn, in whole or in part, the scrap dealer shall:

     (1)  Take a photograph of the seller; or

     (2)  Make a photocopy of the identification card or license of the seller."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2016.

Report Title:

Urn; Theft; Penal Code; Class C Felony; Scrap Dealers; Statement

 

Description:

Establishes the offense of theft of urn as a class C felony.  Requires scrap dealers to follow the same requirements regarding a written statement for the purchase of an urn as they do for the purchase of copper or a beer keg.  (HB1578 CD1)

 

 

 

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