Criminal Justice

HB 1441 creates a new criminal offense called "organized retail theft" for coordinated theft schemes targeting retail businesses. It sets specific penalties for this offense and establishes an organized retail theft task force to investigate and address such incidents. The bill directly affects retailers by providing new legal tools to combat large-scale theft operations and law enforcement agencies through the task force structure. Key provisions define the crime, outline penalties, and mandate the task force’s formation without specifying exact penalty levels.

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)

Specifies that the penalty for sex trafficking shall be payment of a fine of no less than $200,000 but no more than $500,000, and a definite term of imprisonment of up to 20 years without the possibility of a suspended sentence, probation, or parole. Provides that consent to sexual conduct is not a defense. Defines "sexual conduct". Specifies that a minor who commits an offense under section 712-1207(1)(a), HRS, shall be guilty of a violation instead of a petty misdemeanor. Provides that a person who reports that the person is a victim of sex trafficking shall not be subject to criminal liability for an offense involving sex trafficking or prostitution. Increases the penalties for commercial sexual exploitation of a minor. Requires DHS to implement services and programs for survivors and training for law enforcement. Appropriates funds. Requires annual report.