HB 1759: Minority Caucus Package; Organized Retail Theft; Task Force
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-02-13
Current Status:
Failed
(2026-02-17: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Takayama voting aye with reservations; Representative(s) Perruso voting no (1) and Representative(s) Cochran, Lee, M., Poepoe excused (3).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill creates a new crime called organized retail theft for people who work together to steal merchandise from stores or to receive and sell goods they know were stolen. It makes theft of $200 or more a felony (more serious for $750 or more), increases penalties for persons who recruit or lead others, and sets up a task force under the attorney general with law enforcement, prosecutors, and retail representatives to study the problem and recommend actions.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Creates the offense of organized retail theft. Provides penalties for organized retail theft which are increased based on value of property and leadership roles. Creates an organized retail theft task force. Effective 7/1/3000. (HD1)
Creates the offense of organized retail theft. Provides penalties for organized retail theft which are increased based on value of property and leadership roles. Creates an organized retail theft task force.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1759 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THEFT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the surge in theft perpetrated by organized retail crime rings is threatening communities and businesses. According to the National Retail Federation, "sixty-six per cent of retailers reported transnational organized retail crime involvement in thefts against their companies since 2024." The U.S. Department of Homeland Security estimates that $15 billion in state and federal tax revenue is lost due to organized retail crime. These crimes are not limited to impacting large department stores but also small businesses which comprise ninety-nine per cent of the business landscape in Hawaii.
To malicious actors, these crimes are considered low-risk and yield a high-reward. Fifteen states passed laws in 2025 to address the pervasive issue of organized retail crime. Hawaii, the state fourth most impacted by retail theft according to Forbes, needs to join this nationwide response to combat organized retail crime. The purpose of this Act is to create the offense of organized retail theft and provide penalties accordingly.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Organized retail theft. (1) For purposes of this section:
"Retailer" means a person or business that sells or facilitates the sale of merchandise to the public for use or consumption rather than for resale.
(2) A person commits the offense of organized retail theft if the person intentionally:
(a) Acts in concert with one or more persons to commit theft of merchandise from one or more retailers with intent to sell, exchange, or dispose of the merchandise for value; or
(b) Acts in concert with one or more persons to receive, possess, conceal, store, or purchase merchandise explicitly represented to the person as being merchandise stolen from a retailer.
(3) Violation of this section is:
(a) A Class C felony if the value or aggregate value of the merchandise involved in the act is $200 or more but less than $750; or
(b) A Class B felony if the value or aggregate value of the merchandise involved in the act is $750 or more.
(4) Violation of this section described in subsection (3) is increased to the next higher category of offense if the person recruits, coordinates, organizes, supervises, directs, manages, or finances one or more persons to engage in an act described in subsection (2).
(5) There is to be established an organized retail theft task force under the department of the attorney general.
(a) The task force shall consist of no more than fifteen members and shall include:
(i) Four members appointed by the governor, one of whom shall be an individual who represents state or local law enforcement;
(ii) President, or their designee, of the Chamber of Commerce Hawaii;
(iii) President, or their designee, of the Retail Merchants of Hawaii;
(iv) Prosecuting Attorney, or their designee, for the City and County of Honolulu;
(v) Prosecuting Attorney, or their designee, for the County of Maui;
(vi) Prosecuting Attorney, or their designee, for the County of Kauai; and
(vii) Prosecuting Attorney, or their designee, for the County of Hawaii.
(b) Appointments to the task force shall be made by the appointing authority no later than sixty days after the effective date of this Act.
(c) The members of the task force shall serve without compensation. No member of the task force shall be made subject to section 84-17, solely because of that member's participation on the task force. The task force shall be exempt from chapter 92.
(d) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027."
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, 3000.
Report Title:
Minority Caucus Package; Organized Retail Theft; Task Force
Description:
Creates the offense of organized retail theft. Provides penalties for organized retail theft which are increased based on value of property and leadership roles. Creates an organized retail theft task force. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1759 |
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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 theft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the surge in theft perpetrated by organized retail crime rings is threatening communities and businesses. According to the National Retail Federation, "sixty-six per cent of retailers reported transnational organized retail crime involvement in thefts against their companies since 2024." The U.S. Department of Homeland Security estimates that $15 billion in state and federal tax revenue is lost due to organized retail crime. These crimes are not limited to impacting large department stores but also small businesses which comprise ninety-nine per cent of the business landscape in Hawaii.
To malicious actors, these crimes are considered low-risk and yield a high-reward. Fifteen states passed laws in 2025 to address the pervasive issue of organized retail crime. Hawaii, the state fourth most impacted by retail theft according to Forbes, needs to join this nationwide response to combat organized retail crime. The purpose of this Act is to create the offense of organized retail theft and provide penalties accordingly.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Organized retail theft. (1) For purposes of this section:
"Retailer" means a person or business that sells or facilitates the sale of merchandise to the public for use or consumption rather than for resale.
(2) A person commits the offense of organized retail theft if the person intentionally:
(a) Acts in concert with one or more persons to commit theft of merchandise from one or more retailers with intent to sell, exchange, or dispose of the merchandise for value; or
(b) Acts in concert with one or more persons to receive, possess, conceal, store, or purchase merchandise explicitly represented to the person as being merchandise stolen from a retailer.
(3) Violation of this section is:
(a) A Class C felony if the value or aggregate value of the merchandise involved in the act is $200 or more but less than $750; or
(b) A Class B felony if the value or aggregate value of the merchandise involved in the act is $750 or more.
(4) Violation of this section described in subsection (3) is increased to the next higher category of offense if the person recruits, coordinates, organizes, supervises, directs, manages, or finances one or more persons to engage in an act described in subsection (2).
(5) There is to be established an organized retail theft task force under the department of the attorney general.
(a) The task force shall consist of no more than fifteen members and shall include:
(i) Four members appointed by the governor, one of whom shall be an individual who represents state or local law enforcement;
(ii) President, or their designee, of the Chamber of Commerce Hawaii;
(iii) President, or their designee, of the Retail Merchants of Hawaii;
(iv) Prosecuting Attorney, or their designee, for the City and County of Honolulu;
(v) Prosecuting Attorney, or their designee, for the County of Maui;
(vi) Prosecuting Attorney, or their designee, for the County of Kauai; and
(vii) Prosecuting Attorney, or their designee, for the County of Hawaii.
(b) Appointments to the task force shall be made by the appointing authority no later than sixty days after the effective date of this Act.
(c) The members of the task force shall serve without compensation. No member of the task force shall be made subject to section 84-17, solely because of that member's participation on the task force. The task force shall be exempt from chapter 92.
(d) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027."
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 upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Minority Caucus Package; Organized Retail Theft; Task Force
Description:
Creates the offense of organized retail theft. Provides penalties for organized retail theft which are increased based on value of property and leadership roles. Creates an organized retail theft task force.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Feb 17, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Takayama voting aye with reservations; Representative(s) Perruso voting no (1) and Representative(s) Cochran, Lee, M., Poepoe excused (3). |
| Feb 17, 2026 | Reported from ECD (Stand. Com. Rep. No. 289-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Jan 30, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none. |
| Jan 26, 2026 | Bill scheduled to be heard by ECD on Friday, 01-30-26 10:00AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to ECD, JHA, referral sheet 1 |
| Jan 22, 2026 | Introduced and Pass First Reading. |
| Jan 21, 2026 | Pending introduction. |
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Date
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Description
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Location
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Votes
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| Jan 30, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Economic Development & Technology |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Chamber of Commerce Hawaii | ** Support | |
| Department of the Prosecuting Attorney of the City and County of Honolulu | ** Support | |
| Department of the Prosecuting Attorney, County of Maui | ** Support | |
| Hawaii Food Industry Association | ** Support | |
| Hawaiʻi Lodging & Tourism Association | ** Support | |
| JPG Hawaii Inc | ** Support | |
| Kapalama Neighborhood Security Watch | ** Support | |
| Kapalama Neighborhood Security Watch | *** Support | Jan 30, 2026 |
| King's Oahu | ** Support | |
| Office of the Public Defender | ** Against | |
| Retail Merchants of Hawaii | ** Support | |
| Stolen Stuff Hawaii | ** Support |
STAND. COM. REP. NO. 289-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1759
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Economic Development & Technology, to which was referred H.B. No. 1759 entitled:
"A BILL FOR AN ACT RELATING TO THEFT,"
begs leave to report as follows:
The purpose of this measure is to establish:
(1) The offense of organized retail theft; and
(2) An Organized Retail Theft Task Force under the Department of the Attorney General.
Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney, County of Maui; Department of the Prosecuting Attorney of the City and County of Honolulu; Hawaii Food Industry Association; King's Oahu; JPG Hawaii Inc; Retail Merchants of Hawaii; Stolen Stuff Hawaii; Hawaiʻi Lodging & Tourism Association; Chamber of Commerce Hawaii; Kapalama Neighborhood Security Watch; and numerous individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender. Your Committee received comments on this measure from the Office of Information Practices.
Your Committee finds that there has been an increase in organized retail crime rings, threatening local communities and businesses. Per capita, retail theft in Hawaii is five hundred sixty-nine percent higher than the average from the other forty-nine states. Your Committee further finds that fifteen states passed laws in 2025 to address organized retail crime. This measure ensures that offenses are established for perpetrators of organized retail theft and convenes a task force of stakeholders to address issues related to this kind of crime.
Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.
As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1759, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1759, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,
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____________________________ GREGGOR ILAGAN, Chair |
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Date
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Testimony PDF
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| Jan 30, 2026 | HB1759_TESTIMONY_ECD_01-30-26_.PDF |
Discussed in Hearing
15MIN
House Standing Committee on Economic Development & Technology
Bill Author
Bill Co-Author(s):
