Bill Text: HI SB398 | 2022 | Regular Session | Introduced
Bill Title: Relating To Offenses Against Property Rights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [SB398 Detail]
Download: Hawaii-2022-SB398-Introduced.html
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THE SENATE |
S.B. NO. |
398 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OFFENSES AGAINST PROPERTY RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii Revised Statutes contains numerous provisions aimed at addressing the high number of vehicle thefts that occur on the island of Oahu. Frequently, a stolen vehicle is recovered during the commission of a crime or after it has been used to commit other crimes. In many vehicle theft cases, the vehicle is recovered while being operated or occupied by individuals who were not authorized to operate or occupy the vehicle. However, law enforcement officers may be unable to connect the actual theft of the vehicle with a specific individual.
Current statutory provisions have been rendered ineffective by state court rulings that require the State to prove that a defendant operating or occupying a stolen vehicle knew that the vehicle was stolen. 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 burden of proof needed to prosecute these cases.
Accordingly, the purpose of this Act is to establish the offense of unauthorized control of propelled vehicle in the second degree, which applies if a person recklessly or negligently exerts unauthorized control over another's propelled vehicle by operating the vehicle without the owner's consent or by changing the identity of the vehicle without the owner's consent.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV be appropriately designated and to read as follows:
"§708- Unauthorized control of 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 vehicle without the owner's consent or by changing the identity of the 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 vehicle from an agent of the owner where the agent had
actual or apparent authority to authorize such 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.
(3) For the purposes of this section:
"Owner" means the
registered owner of the propelled vehicle or the unrecorded owner of the
vehicle pending transfer of ownership; provided that if there is no registered
owner of the propelled vehicle or unrecorded owner of the 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. Section 708-836, Hawaii Revised Statutes, is amended to read as follows:
"§708-836 Unauthorized control of 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 vehicle without the owner's consent or by changing the identity
of the vehicle without the owner's consent.
[(2)
"Propelled vehicle" means an automobile, airplane, motorcycle,
motorboat, or other motor-propelled vehicle.
(3)]
(2) It is an affirmative
defense to a prosecution under this section that the defendant:
(a) Received authorization to use the vehicle from an agent of the owner where the agent had actual or apparent authority to authorize such 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.
[(4)] (3) For the purposes of this section[, "owner"]:
"Owner" means the
registered owner of the propelled vehicle or the unrecorded owner of the
vehicle pending transfer of ownership; provided that if there is no registered
owner of the propelled vehicle or unrecorded owner of the vehicle pending
transfer of ownership, "owner" means the legal owner.
"Propelled vehicle" means an
automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.
[(5)] (4) Unauthorized control of a propelled vehicle in
the first degree is a class C felony."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
Honolulu Police Department Package; Vehicles; Unauthorized Control
Description:
Establishes the offense of unauthorized control of a propelled vehicle in the second degree, which applies if a person recklessly or negligently exerts unauthorized control over another's propelled vehicle by operating the vehicle without the owner's consent or by changing the identity of the vehicle without the owner's consent.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
