Retailers and the city prosecutor are concerned about a bill under consideration by the governor that would more than double the amount a thief can steal before being charged with a felony.
Senate Bill 569 would make second-degree theft the stealing of more than $750 of property or services, rather than the current minimum of $300.
Second-degree theft is a Class C felony punishable by up to five years in prison. That means third-degree theft would apply on stolen items up to $750 as a misdemeanor punishable by up to one year in prison.
Honolulu Prosecutor Keith Kaneshiro said he opposes the legislation because property crimes are serious offenses.
"My concern is that most property crimes are driven by drugs and have the potential to become violent crimes," he wrote in an email to the Honolulu Star-Advertiser. He said criminals are aware of the law and attempt to keep their thefts below the threshold.
"Raising the threshold will only increase losses for retailers," he said.
But Kaneshiro added, "I don’t believe that every offender has to go to prison."
Those who support the bill say the threshold for felony theft hasn’t been raised in Hawaii since 1986, making the threshold far smaller after factoring in inflation.
For instance, the $300 threshold set almost 30 years ago would be $648 in 2014 dollars, according to the Community Alliance on Prisons, an advocacy group for prison reform.
Kat Brady, coordinator of the Community Alliance on Prisons, estimates about $49,000 is spent per prisoner every year in Hawaii. In addition, property offenders released in Hawaii in 2009 served on average three years and three months — one year more than the national average, she said in written testimony supporting the bill.
She said the $750 threshold would place Hawaii in the midrange of where other jurisdictions are drawing the line, adding that sending low-level lawbreakers to prison leads to them picking up criminal behavior from other inmates.
Sheri Sakamoto, president of the Retail Merchants of Hawaii, opposes the bill because businesses and retailers already lose millions to theft every year.
"By moving it up to $750, you’re basically giving thieves the opportunity to steal up to $749.99 and not have major consequences attached to that," she said.
She said some retailers don’t have insurance to cover theft and insurance coverage depends on what type of theft took place, such as whether it involved fraudulent checks, credit cards or counterfeit money.
The bill may also affect other crimes such as second-degree computer fraud and second-degree identity theft, both of which rely on the definition of second-degree theft.
Sakamoto said the bill would raise the cost of running a business and that cost would be passed on to consumers.
"They (businesses) have to pay their rent, they have to pay for their product, they have to pay for service and labor," she said. "Many times they don’t have enough funding to do those things because of the loss."
Gov. David Ige has until late June to sign or veto the bill or it will become law without his signature.