A bill that would double the maximum possible sentence for stealing a vehicle is only one of several crime bills currently under consideration by Gov. David Ige.
House Bill 1486 would amend the state’s definition of theft in the first degree to include theft of a motor vehicle or motorcycle. This would make stealing a vehicle a Class B felony, carrying a maximum possible sentence of 10 years in prison or a fine of $25,000.
Hawaii County Prosecutor Kelden Waltjen explained that in most cases of a stolen vehicle, perpetrators are charged with “unauthorized control of a motor vehicle” because that charge does not require law enforcement to prove that the suspect actually stole the vehicle.
However, unauthorized control of a motor vehicle is a Class C felony, with a maximum possible sentence of five years in prison or a fine of up to $10,000.
“People are afraid to drive their cars, they’re afraid their cars will be the next ones stolen,” Waltjen said. “People should be able to feel safe in their own vehicles.”
The bill also would eliminate a current requirement that prosecutors must demonstrate that the stolen vehicle is worth more than $750.
Waltjen said it will fall to a judge’s discretion whether a suspect receives the maximum possible sentence. However, he added that there is no mandatory minimum sentence for theft in the first degree.
Waltjen has urged Ige to sign the bill, saying Monday that steeper penalties should discourage would-be criminals and, hopefully, will cut down on the high number of vehicle thefts on the island.
Hawaii County police Maj. John Briski said there were 879 vehicle thefts reported on the Big Island in 2021 and 665 in 2020.
“I think about 20% of (vehicle theft) cases lead to arrests,” Briski said. “But a lot of these cases have the same people involved, so if somebody doesn’t get arrested in one case, they might get arrested for another one.”
Briski said many vehicle thefts also are of cars that were not properly locked, or were left with keys unattended, or were taken by an acquaintance of the car’s owner.
The bill was popular during its passage through the Legislature, with several Hawaii County Council members and residents submitting testimony in support.
“All too often the loss of a vehicle to theft also means the loss of employment if self-employed or the victim lives in an area with little or no public transportation as we have on the Big Island,” wrote Becky Jones in March. “The hardships created by vehicle (theft) are many, but perhaps the single most significant loss to the victim is the loss of freedom and of feeling safe and secure. For that reason alone, this bill is significantly important.”
The only voice in opposition to the bill was that of the state Office of the Public Defender, which argued that “those who engage in criminal conduct do not stop to weigh the judicial consequences of their actions” and that the bill would not decrease car thefts but only increase the state’s already high incarceration rate.
Several other crime-related bills are awaiting Ige’s decision as well. Most significant is HB 2213, which would make mail theft a misdemeanor offense.
“Right now, mail theft is a federal offense, but it’s rarely prosecuted,” Waltjen said, adding that part of the difficulty in prosecuting mail theft incidents is that victims often don’t actually know what was stolen.
By making mail theft a misdemeanor, Waltjen said the bill makes the threshold for prosecution feasible to reach.
The other crime bills largely clarify or lightly amend existing legal definitions. These include:
— HB 1455, which adds robbery while armed with an electric gun to the definition of first-degree robbery;
— HB 1456, which adds theft of an electric gun to the definition of second-degree theft;
— HB 1469, which allows a person who purchased a vehicle and reasonably believed the purchase was legitimate to use that belief as a defense against charges of unauthorized control of a propelled vehicle;
— HB 2074, which amends how defendants accrue credit for time served;
— HB 2337, which clarifies the definitions of drug-related terms regarding DUI charges; and
— HB 2422, which clarifies how domestic abuse sentences are imposed.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
