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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2551 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that there is an increased frequency of illegal activity in the form of chop shops on public lands. The legislature further finds that there has been an increasing number of community complaints about public lands being used as locations for dismantling of stolen mopeds and bicycles. These chop shops, in addition to acting as sites for illegal disassembly and redistribution of parts, also litter the State's sidewalks, parks, streams, bridges, and other open spaces with unusable debris left for disposal by state and county agencies.
The purpose of this Act is to:
(1) Strengthen the county police departments' investigation and enforcement abilities by making the act of dismantling a bicycle or moped on public property the trigger for police investigation and the basis for a criminal offense; and
(2) Provide a basis for law enforcement officers to request license and registration information for any bicycle or moped being disassembled on public property for confiscation of the item if proof of ownership cannot be provided and pursuit of additional charges for stolen property.
SECTION 2. Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§711- Unlawful assembly or disassembly of
bicycles or mopeds on public property. (1) A person commits the offense of unlawful
assembly or disassembly of a bicycle or moped on public property if the person
knowingly assembles or disassembles a bicycle or moped on public property.
(2)
It shall be an affirmative defense to prosecution under this section
that the defendant:
(a) Assembles or disassembles bicycles or mopeds under a valid license or permit authorizing such activities on the public property; or
(b) Is repairing the bicycle or moped as a
result of malfunction or damage that occurred while the defendant rode the
bicycle or moped on public property and the defendant is the registered owner of
or, with the consent of the registered owner, operated the bicycle or moped.
(3)
Any bicycle or moped in the person's possession at the time of violation
of this section may be seized and ordered forfeited to the State, subject to
the requirements of chapter 712A.
(4)
Unlawful assembly or disassembly of a bicycle or moped on public
property is a petty misdemeanor.
(5) For purposes of this section:
"Bicycle"
has the same meaning as in section 249-1.
"Moped"
has the same meaning as in section 249-1.
"Public property" means any public right-of-way, street, sidewalk, alley, parkway, public passageway, beach, park, or other public property owned or managed by the State or any of the counties."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Law Enforcement; Bicycles; Mopeds; Unlawful Assembly or Disassembly of a Bicycle or Moped on Public Property
Description:
Establishes the offense of unlawful assembly or disassembly of a bicycle or moped on public property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.