|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2390 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-803, Hawaii Revised Statutes, is amended to read as follows:
"§708-803 Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a property crime.
(2)
For the purposes of this section, "habitual property crime
perpetrator" means a person who, within ten years of the instant offense,
has convictions for offenses within this chapter for:
(a) Any combination of
two felonies or misdemeanors; or
(b) Any
combination of either one felony or one misdemeanor and one petty misdemeanor;
or
(c) Three
petty misdemeanors.
The convictions shall be for separate incidents on separate dates. The prosecution is not required to prove any state of mind with respect to the person's status as a habitual property crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.
(3) A person commits a property crime if the person engages in conduct that constitutes an offense under this chapter. It can be established that the person has committed a property crime by either the prosecution proving that the person is guilty of or by the person pleading guilty or no contest to committing any offense under this chapter.
(4)
Habitual property crime is a class [C] B felony.
(5) For a conviction under this section, the sentence shall be either:
(a) An
indeterminate term of imprisonment of [five] ten years; provided
that the minimum term of imprisonment shall be not less than [one year] five
years; or
(b) A term of
probation of [five] ten years, with conditions to include but not
be limited to [one year] five years of imprisonment; provided
that probation shall only be available for a first conviction under this
section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2026.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Habitual Property Crime; Sentencing; Felony; Penalties; Theft
Description:
Increases the offense of habitual property crime from a class C felony to a class B felony. Increases the sentencing structure for convictions of habitual property crime.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.