[§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.