THE SENATE	S.B. NO.	3072
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THEFT.

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

SECTION 1. The purpose of this Act is to require a mandatory twelve-month minimum sentence of incarceration for a conviction of theft in the first degree when the value of the property or services stolen exceeds $250,000, whether imposed as a mandatory minimum sentence for an indeterminate term of imprisonment or as a condition of probation, in addition to any other authorized disposition such as restitution or a fine.

SECTION 2. Section 708-830.5, Hawaii Revised Statutes, is amended to read as follows:

"708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft of:

(a) Property or services, the value of which exceeds $20,000;

(b) A firearm;

(c) Dynamite or other explosive;

(d) Property or services during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster under chapter 127A, the value of which exceeds $300;

(e) Property from the person of another who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft;

(f) Property or services, the value of which exceeds $750, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or

(g) A motor vehicle or motorcycle as defined in section 291C-1.

(2) Theft in the first degree [is] shall be a class B felony.

(3) In addition to any other authorized disposition, for a conviction under this section where the value of the property or services exceeds $250,000, the sentence shall be either:

(a) An indeterminate term of imprisonment of ten years; provided that the minimum term of imprisonment shall be not less than twelve months; or

(b) A term of probation or supervision of four years, a condition of which shall include, but not be limited to, a mandatory minimum of twelve months of imprisonment. Notwithstanding any other law to the contrary, the mandatory period of imprisonment shall not be suspended or otherwise not imposed.

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 Statutory material to be repealed is bracketed and stricken.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:	_____________________________
	BY REQUEST

Report Title:

Penal Code; Theft in the First Degree; Penalty

Description:

Requires a mandatory twelve-month minimum sentence of incarceration for a conviction of theft in the first degree when the value of the property or services stolen exceeds $250,000, whether imposed as a mandatory minimum sentence for an indeterminate term of imprisonment or as a condition of probation, in addition to any other authorized disposition such as restitution or a fine.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.