STAND. COM. REP. NO. 3560

Honolulu, Hawaii

RE: H.B. No. 1486

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1486, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THEFT,"

begs leave to report as follows:

The purpose and intent of this measure is to amend the offense of theft in the first degree to specifically include theft of a motor vehicle or motorcycle.

Your Committee received testimony in support of this measure from the County of Hawai‘i Office of the Prosecuting Attorney, Mayor of the County of Hawai‘i, three members of the Hawai‘i County Council, Honolulu Police Department, and fourteen individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender.

Your Committee finds that most motor vehicle thefts are currently prosecuted under the Hawaii Penal Code offenses of unauthorized control of a propelled vehicle or theft in the second degree, for property the value of which exceeds $750. Both of these offenses are class C felonies, with a maximum penalty of up to $10,000 and five years of imprisonment. Your Committee further finds that growing concerns over motor vehicle theft have led to the public's desire for stiffer penalties. This measure will elevate the offense of theft of a motor vehicle to a class B felony, with a maximum penalty of up to $25,000 and ten years of imprisonment.

Your Committee has amended this measure by making it effective upon its approval.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1486, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1486, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair