Bill Text: HI SB771 | 2022 | Regular Session | Introduced
Bill Title: Relating To Theft.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB771 Detail]
Download: Hawaii-2022-SB771-Introduced.html
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THE SENATE |
S.B. NO. |
771 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to theft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that addressing Hawaii's high cost of living means empowering residents with cheaper options to commute, especially for the next generation. In the year 2000, ninety-nine per cent of all eighteen to nineteen‑year-old residents held driver's licenses. Today, that number has fallen to just sixty per cent. People are more frequently using alternative transportation such as commuting by bicycle at significant cost savings.
Bicycles are less burdensome on the State's infrastructure. Every resident that transitions from commuting by car to commuting by bicycle reduces road wear, congestion, and traffic. Bicycles also produce zero emissions and can replace dirtier means of transportation, thereby reducing the State's dependence on imported fossil fuels.
However, the legislature also finds that bicycle theft is a growing challenge. Bicycle theft is a particularly pernicious property offense against residents who commute by bicycle, especially to work. As a result, bicycle theft can deprive a person of their property interest and their ability to earn income. For this very reason, theft of a vehicle, regardless of its dollar value, is an expressly defined offense.
Currently, there is no expressly defined offense for theft of a bicycle. Theft of a bicycle valued at more than $750 is a class C felony under the offense of theft in the second degree in section 708-831, Hawaii Revised Statutes. However, many 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. Therefore, in order 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 similarly to theft of a motor vehicle.
The purpose of this Act is to establish the offense of theft of a bicycle.
SECTION 2. 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 a bicycle. (1) Notwithstanding section 708-803 and any other law to the contrary, a person commits the offense of theft of a bicycle if the person commits theft of a bicycle by any means under section 708-830.
(2) For the purposes of this section:
"Bicycle" means:
(a) A vehicle
propelled solely by human power upon which any person may ride, having two
tandem wheels, and including any vehicle generally recognized as a bicycle
though equipped with two front or two rear wheels except a toy bicycle; or
(b) A low-speed
electric bicycle, as defined under title 15 United States Code section 2085.
"Toy bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels, including any device generally recognized as a bicycle though equipped with two front or two rear wheels, which has a seat height of not more than twenty-five inches from the ground when the seat is adjusted to its highest position; or a nonmotorized scooter or similar device regardless of seat height.
(3) A person who commits the offense of theft of a bicycle shall:
(a) For the first
offense, be guilty of a misdemeanor; and
(b) 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."
SECTION 3. Section 708-803, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) 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- ."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Theft of a Bicycle; Misdemeanor; Felony
Description:
Establishes the offense of theft of a bicycle. Provides that the first offense shall be a misdemeanor and that the second and each subsequent offense that occurs within 5 years of a prior conviction for the same offense shall be a class C felony. Specifies that the offense of habitual property crime shall not apply to a person who commits the offense of theft of a bicycle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
