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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2465 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that unauthorized entry into motor vehicles has
become a pervasive and costly crime affecting residents, workers, and visitors
throughout the State. Vehicle break-ins
frequently result in significant property damage, including broken windows
damaged locks, and other destruction that imposes substantial financial burdens
on victims.
The legislature further finds that the cost
of repairing damage caused by vehicle break-ins in Hawaii is often substantial,
particularly due to labor and parts costs, and that existing penalties do not
adequately distinguish between minor, non-destructive conduct and break-ins
that cause serious economic harm.
The legislature recognizes that clear and
proportionate criminal penalties are necessary to deter destructive conduct,
promote accountability, and ensure fair and consistent enforcement of the
law. Providing a defined threshold for
enhanced penalties based on the value of the property damage promotes
transparency, reduces ambiguity, and aligns punishment with the severity of the
harm caused.
Accordingly, the purpose of this Act is to
strengthen deterrence against vehicle break-ins that result in significant
property damage, while ensuring that criminal penalties remain proportionate,
clearly defined, and fairly applied.
SECTION 2. Section 708-836.5, Hawaii Revised Statutes, is amended to read as follows:
"§708-836.5 Unauthorized entry into motor vehicle in the first degree. (1) A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.
(2)
Unauthorized entry into motor vehicle in the first degree is a class C
felony, except as provided in paragraph (3).
(3) Unauthorized entry into motor vehicle in the
first degree may be brought as a class B felony if:
(a) The unauthorized
entry resulted in property damage to the motor vehicle in an amount of $500 or
more, and the person intentionally or recklessly caused such damage; or
(b) The person has
been previously convicted of unauthorized entry into a motor vehicle within the
prior five years.
For the purposes of this section:
"Property damage" means
physical damage to the motor vehicle requiring repair or replacement including,
but not limited to, the breaking or damaging of windows, windshields, locks,
doors, ignition components, or other vehicle parts."
SECTION 3. New statutory material is underscored.
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. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
Unauthorized Entry; Motor Vehicle; Property Damage; Felony
Description:
Allows the charge of unauthorized entry into motor vehicle in the first degree to be brought as a class B felony if property damage of $750 or more occurs or the person has a previous conviction for the same offense within the past five years.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.