Bill Text: HI HB2645 | 2016 | Regular Session | Amended
Bill Title: Theft of Bicycle; Sentencing
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Engrossed - Dead) 2016-03-17 - The committee on TRE deferred the measure. [HB2645 Detail]
Download: Hawaii-2016-HB2645-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2645 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO THEFT OF BICYCLE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-830.5, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Theft in the first degree is a class B felony. The court, in determining the particular sentence to be imposed for a violation of subsection (1) that involves the intentional theft of a bicycle that served as an individual's primary mode of transportation to and from work or that was necessary for the performance of an individual's employment, shall consider such intent as an aggravating factor."
SECTION 2. Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Theft in the second degree is a class C felony.
(a) A person convicted of committing the
offense of theft in the second degree under [[]subsection (1)[]](c)
and (d) shall be sentenced in accordance with chapter 706, except that for the
first offense, the court may impose a minimum sentence of a fine of at least
$1,000 or two-fold damages sustained by the victim, whichever is greater.
(b) The court, in determining the particular sentence to be imposed for a violation of subsection (1)(a) or (b) that involves the intentional theft of a bicycle that served as an individual's primary mode of transportation to and from work or that was necessary for the performance of an individual's employment, shall consider such intent as an aggravating factor."
SECTION 3. Section 708-832, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Theft in the third degree is a misdemeanor. The court, in determining the particular sentence to be imposed for a violation of subsection (1)(a) that involves the intentional theft of a bicycle that served as an individual's primary mode of transportation to and from work or that was necessary for the performance of an individual's employment, shall consider such intent as an aggravating factor."
SECTION 4. Section 708-833, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Theft in the fourth degree is a petty misdemeanor. The court, in determining the particular sentence to be imposed for a violation of subsection (1) that involves the intentional theft of a bicycle that served as an individual's primary mode of transportation to and from work or that was necessary for the performance of an individual's employment, shall consider such intent as an aggravating factor."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
Theft of Bicycle; Sentencing
Description:
Requires consideration of a defendant's knowledge that a stolen bicycle was the victim's transportation to and from work or was necessary to the victim's employment in imposing a sentence for theft of a bicycle. (HB2645 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
