Bill Text: HI HB1469 | 2022 | Regular Session | Introduced
Bill Title: Relating To Unauthorized Control Of A Propelled Vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-17 - Act 053, on 06/17/2022 (Gov. Msg. No. 1153). [HB1469 Detail]
Download: Hawaii-2022-HB1469-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1469 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO UNAUTHORIZED CONTROL OF A PROPELLED VEHICLE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-836, Hawaii Revised Statutes, is amended to read as follows:
"§708-836 Unauthorized control of a propelled vehicle in
the first degree. (1) A
person commits the offense of unauthorized control of a propelled vehicle in the first degree if the person intentionally or knowingly exerts unauthorized
control over another's propelled vehicle by operating the propelled vehicle
without the owner's consent or by changing the identity of the propelled vehicle
without the owner's consent.
(2) It
is an affirmative defense to a prosecution under this section that the defendant:
(a) Received
authorization to use the propelled
vehicle from an agent of the owner where the agent had actual or apparent
authority to authorize use; [or]
(b) Is
a lien holder or legal owner of the propelled vehicle, or an authorized agent
of the lien holder or legal owner, engaged in the lawful repossession of the
propelled vehicle[.]; or
(c) Purchased the vehicle in good faith, and believed themselves to be the actual owner of the vehicle.
(3) For
the purposes of this section:
"Owner" means the registered
owner of the propelled vehicle or the unrecorded owner of the propelled vehicle
pending transfer of ownership; provided that if there is no registered owner of
the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer
of ownership, "owner" means the legal owner.
"Propelled vehicle" means an automobile,
airplane, motorcycle, motorboat, or other motor-propelled vehicle.
(4)
Unauthorized control of a propelled vehicle in the first degree is a
class C felony."
SECTION 2. Section 708-836.1, Hawaii Revised Statutes,
is amended to read as follows:
"[[]§708-836.1[]] Unauthorized control of a propelled vehicle
in the second degree. (1) A person commits the offense of unauthorized
control of a propelled vehicle in the second degree if the person recklessly or
negligently exerts unauthorized control over another's propelled vehicle by
operating the propelled vehicle without the owner's consent or by changing the
identity of the propelled vehicle without the owner's consent.
(2) It is an affirmative defense to a prosecution under this section that the defendant:
(a) Received
authorization to use the propelled vehicle from an agent of the owner where the
agent had actual or apparent authority to authorize use; [or]
(b) Is a lien holder
or legal owner of the propelled vehicle, or an authorized agent of the lien
holder or legal owner, engaged in the lawful repossession of the propelled vehicle[.]; or
(c) Purchased the vehicle in good faith, and believed themselves to be the actual owner of the vehicle.
(3) For the purposes of this section:
"Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, "owner" means the legal owner.
"Propelled vehicle" shall have the same meaning as in section 708-836.
(4) Unauthorized control of a propelled vehicle in the second degree is a misdemeanor."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Prosecuting Attorney's Office Package; Unauthorized Control of a Propelled Vehicle; Criminal Procedure
Description:
Creates an affirmative defense for anyone charged with unauthorized control of a propelled vehicle, where the defendant purchased the vehicle in good faith and believed themselves to be the actual owner of the vehicle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
