HOUSE OF REPRESENTATIVES	H.B. NO.	1231
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to criminal property damage.

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

SECTION 1. The legislature finds that vandalism of local businesses has become a common occurrence. Reports of "smash‑and grab" crimes, in which thieves aggressively smash a door, window, or display case and grab as much merchandise as possible before fleeing the scene, are on the rise. The legislature also finds that these crimes are especially concerning when perpetrated against small businesses. Many of these businesses are locally- or independently-owned and survive month-to-month on thin profit margins. Given the importance of small businesses in a vibrant and diversified economy and their continued survival, the legislature believes that greater protections for small businesses are needed.

The legislature further finds that small businesses are disproportionately burdened by the amount of time required to make a complete report of criminal property damage with supporting documentation to law enforcement authorities. When a business owner is unable to obtain an estimate to repair or replace damaged property within the short time frame typically requested by law enforcement authorities, the alleged offender may receive more lenient treatment, especially if being held in custody pending the initial court appearance. More specifically, the crime that is ultimately charged may be the petty misdemeanor offense of criminal property damage in the fourth degree, which does not account for the dollar amount of property damage committed. Although it is more expedient to initiate a prosecution for this lesser offense due to the need to prove fewer elements, especially when the case may be resolved quickly by sentencing the alleged offender to credit for time served, this outcome has less deterrent value.

The purpose of this Act is to reduce the burden on business owners in the State by amending the misdemeanor offense of criminal property damage in the third degree to include intentionally or knowingly damaging the property of another that is used in a business operation, without the other's consent, in any amount.

SECTION 2. Section 708-822, Hawaii Revised Statutes, is amended to read as follows:

"§708-822 Criminal property damage in the third degree. (1) A person commits the offense of criminal property damage in the third degree if by means other than fire:

(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;

(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; [or]

(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

(d) The person intentionally or knowingly damages the property of another that is used in a business operation, without the other's consent, regardless of the cost of the damage. As used in this paragraph, property that is "used in a business operation" includes signage; furniture; doors; windows; vehicles bearing the name of the business operation; and any other fixtures or equipment that are associated with the business operation.

(2) Criminal property damage in the third 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:

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Report Title:

Penal Code; Criminal Property Damage; Business Property; Increased Penalty

Description:

Amends the misdemeanor offense of criminal property damage in the third degree to include intentionally or knowingly damaging the property of another that is used in a business operation, without the other'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.