2010 Hawaii Code
DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
§708-803 Habitual property crime.

[§708-803] Habitual property crime. (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense within this chapter.

(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within five years of the instant offense, has convictions for:

(a) Three felonies within this chapter;

(b) Three misdemeanors within this chapter; or

(c) Any combination of three felonies and misdemeanors within this chapter.

The convictions must have occurred on separate dates and be for separate incidents on separate dates.

(3) Habitual property crime is a class C felony.

(4) For a conviction under this section, the sentence shall be either:

(a) An indeterminate term of imprisonment of five years; or

(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment. [L 2004, c 49, §1]

COMMENTARY ON §708-803

Act 49, Session Laws 2004, added this section, establishing the offense of habitual property crime, a class C felony. The legislature found that in 2002, Hawaii ranked first in the nation for property crime rates and second in larceny theft rates, and that a large portion of the crimes are committed by habitual offenders. The legislature also found that Act 49 would punish repeat offenders of property crime. House Standing Committee Report No. 902-4, Senate Standing Committee Report No. 2616.