Bill Text: HI SB2095 | 2022 | Regular Session | Introduced


Bill Title: Relating To Unauthorized Control Of A Propelled Vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-21 - Referred to JDC. [SB2095 Detail]

Download: Hawaii-2022-SB2095-Introduced.html

THE SENATE

S.B. NO.

2095

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

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.

 

INTRODUCED BY:

_____________________________

 

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.

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