THE SENATE	S.B. NO.	397
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO PROPERTY CRIMES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that Hawaii has a high property crime rate, and law enforcement officers are tasked with locating, identifying, and recovering stolen property, and returning the stolen property to the rightful owner.  The legislature also finds that the Hawaii Revised Statutes does not adequately address situations in which an offender takes the property of another and subsequently sells the stolen item to a pawnbroker or secondhand dealer, as described in chapter 486M, Hawaii Revised Statutes.  Criminals have successfully profited from selling or pawning property that was stolen from homes or vehicles and have disguised these transactions as legitimate business dealings.  Successful prosecution of these cases is critical to addressing property crime because criminals will often attempt to exchange stolen items for money.  The legislature intends to ensure that pawn shops and secondhand businesses are transparent and fully accountable for all of their respective business dealings.

     Current statutory provisions have proven ineffective by state court rulings that require the State to prove that a defendant knowingly purchased stolen items.  In the great majority of cases, this requires a confession from the defendant, which may be difficult to obtain because defendants have the right to remain silent.  Thus, law enforcement is often hindered in meeting the state of mind requirement to prosecute these cases.

     Accordingly, the purpose of this Act is to broaden the state of mind element for certain offenses under chapter 486M, Hawaii Revised Statutes, relating to the responsibilities of pawnbrokers and secondhand dealers.

     SECTION 2.  Section 486M-7, Hawaii Revised Statutes, is amended to read as follows:

     "§486M-7  Penalties.  Any dealer, or any agent, employee, or representative of a dealer who [knowingly] violates any of the provisions of sections 486M-2, 486M-3, 486M-4, or who refuses to allow the inspection provided for in section 486M-5, and any person who offers or records information which is required under section 486M-2 that the person knows or has reason to know is false, shall be guilty of a misdemeanor.  Any dealer, or any agent, employee or representative of a dealer who is convicted for a second violation of any provision of this chapter shall, in addition to the foregoing penalty, be permanently prohibited from engaging in the business of buying or selling of precious or semiprecious metals or precious or semiprecious gems or any article."

     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.

     SECTION 5.  This Act shall take effect on July 1, 2050, and shall be repealed on July 1, 2024; provided that section 486M-7, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the effective date of this Act.

 

 

Report Title:

Honolulu Police Department Package; Penal Code; Pawnbrokers; Secondhand Dealers; Penalties

 

Description:

Broadens the state of mind element for certain offences under chapter 486M, Hawaii Revised Statutes.  Repeals on 7/1/2024.  Effective 7/1/2050.  (SD1)

 

 

 

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