Bill Text: HI SB1257 | 2025 | Regular Session | Amended
Bill Title: Relating To Agricultural Crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2025-03-04 - Received from Senate (Sen. Com. No. 288) in amended form (SD 1). [SB1257 Detail]
Download: Hawaii-2025-SB1257-Amended.html
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THE SENATE |
S.B. NO. |
1257 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURAL CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. The legislature finds that agricultural crimes, including theft, vandalism, and trespassing have significantly impacted the State's agricultural sector, leading to economic losses and safety concerns for farmers and ranchers. These types of crimes not only affect individual livelihoods, but also the State's broader agricultural economy and food security.
Accordingly, the purpose of this Act is to:
(1) Establish an agricultural crimes task force to address the issue of agricultural crime in the State; and
(2) Increase penalties for property crimes committed on agricultural property.
SECTION 3. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§141- Agricultural crimes task force. (a)
There is established an agricultural crimes task force within the
department of agriculture for administrative purposes that shall consist of the
following members:
(1) The chairperson of the board of
agriculture, or the chairperson's designee, who shall serve as chairperson of
the taskforce;
(2) A representative from the department
of law enforcement;
(3) A representative from the department
of the attorney general;
(4) A representative from the department
of the prosecuting attorney of the city and county of Honolulu;
(5) Two members representing
agricultural organizations or farmer associations to be invited by the
chairperson;
(6) Two members from a law enforcement
agency with experience with agricultural crimes; and
(7) One member from the academic
community specializing in agriculture or criminology, to be invited by the
chairperson.
(b) The task force shall:
(1) Develop strategies to prevent
agricultural crimes;
(2) Coordinate with local law
enforcement to enhance responses to reports of agricultural crime;
(3) Coordinate with state and county
prosecutors to develop methods to prioritize the prosecution of agricultural
crimes to the fullest extent of the law;
(4) Recommend legislation to address
gaps in existing law relating to agricultural crime;
(5) Facilitate education and outreach
programs for farmers on crime prevention; and
(6) Monitor and report on the
effectiveness of any policies and programs implemented.
(c) The members of the agricultural crimes task
force shall serve without compensation, but shall be reimbursed for reasonable
expenses necessary for the performance of their duties, including travel
expenses.
(d) The agricultural crimes task force shall
submit a report of its findings and recommendations, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of each regular session."
SECTION 4. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Agricultural crime. (1)
A person commits the offense of agricultural crime if the person:
(a) Is on agricultural property and:
(i) Commits a property crime;
(ii) Violates section 183D-26 or 183D-27;
or
(iii) Commits the offense of negligent failure to control a dangerous dog under section 711-1144; or
(b) Is the parent or legal guardian of a
minor who violates paragraph (a).
(2) A person commits a property crime if the
person engages in conduct that constitutes an offense under this chapter. It can be established that the person has
committed a property crime by either the prosecution proving that the person is
guilty of, or by the person pleading guilty or no contest to, committing any
offense under this chapter.
(3) For the purposes of this section:
"Agricultural property" means farming assets used for agricultural production, including but not limited to land, buildings, equipment, livestock, and crops.
"Minor"
means any person under the age of eighteen years.
(4) Agricultural crime is a class C felony.
(5) For a conviction under this section, the sentence shall be either:
(a) For a first offense, a fine of not more than $2,000 or imprisonment for not more than one year, or both; or
(b) For a second or subsequent offense, a fine of at least $10,000 or imprisonment for not more than five years, or both.
(6) In addition to any other penalties, any
person who is convicted of a violation of this section shall be ordered to make
restitution to the owner of the agricultural property for any damages or losses
incurred due to the violation."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the operational costs of the agricultural crimes task force, including but not limited to the hiring of necessary staff, equipment, and educational outreach.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
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. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
Agricultural Crimes; Task Force; Offense of Agricultural Crime; Penalties; Appropriations
Description:
Establishes an Agricultural Crimes Task Force to address the issue of agricultural crime in the State. Establishes the offense of agricultural crime to increase penalties for property crimes committed on agricultural property. Appropriates funds. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
