HB 2252

HOUSE OF REPRESENTATIVES
H.B. NO.
2252
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
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not legislation or evidence of legislative intent.