SB 3072: Penal Code; Theft in the First Degree; Penalty

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 without possibility of parole; 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 without possibility of parole.  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.

Report Title:

Penal Code; Theft in the First Degree; Penalty

Description:

Requires a mandatory twelve-month minimum sentence of incarceration, without the possibility of parole, 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.  (SD1)

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

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.

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.

STAND. COM. REP. NO. 2888

Honolulu, Hawaii

RE:     S.B. No. 3072

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 3072 entitled:

"A BILL FOR AN ACT RELATING TO THEFT,"

begs leave to report as follows:

     The purpose and intent of this measure 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.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Honolulu Police Department, and three 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 one individual.

     Your Committee finds that under existing law, theft of property or services exceeding $20,000 is treated the same whether the amount taken is slightly above or hundreds of thousands of dollars more than this threshold.  Additionally, even in cases involving exceptionally large losses, courts may still only impose probation, restitution, and fines.  Under this framework, white collar offenders who steal hundreds of thousands of dollars may avoid incarceration while petty thieves, if convicted for three or more times for far lower-value thefts, face a mandatory minimum period of incarceration of not less than twelve months under the habitual property crime statute, regardless of the total value of the property stolen.  This measure addresses this fundamental inequity in existing theft laws by enhancing deterrence, promoting fairness, and better reflecting the gravity of harm inflicted on victims.

     Your Committee has amended this measure by:

     (1)  Specifying that the minimum term of imprisonment of twelve months shall be without possibility of parole; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3072, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3072, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,