Two agriculture-related bills moving forward at the state Legislature would increase penalties for agricultural theft and allow farmers and ranchers to use deadly force against intruders under certain circumstances.
Senate bills 1248 and 1249, both introduced by Sen. Tim Richards (D-Kohala), have cleared the Committee on Agriculture and Environment. Both bills on Feb. 13 passed their second readings.
SB 1248, the stand-your-ground legislation, has been referred to the Committee on the Judiciary, while SB 1249, an omnibus agricultural measure, has been referred to a joint session of the Judiciary and Ways and Means committees.
SB 1248 would allow a farmer or rancher, under certain circumstances, to use deadly force without retreating.
Richards calls the measure the “Cranston Duke Pia Act.”
Pia was a 39-year-old Makaha rancher, who was — in Richards’ words — “executed in front of his mother” for protecting his cattle from hunting dogs on Feb. 17, 2024.
Pia died of a single gunshot wound to the head.
Chantston Pila Kekawa, then 17, of Maili, was charged as an adult with second-degree murder, first-degree terroristic threatening, firearm offenses and first-degree theft. He’s pleaded not guilty and has a trial scheduled for April 7 in Honolulu Circuit Court.
Richards said Pia’s mother visited his office four days after the shooting.
“Mutual friends brought her in with Cranston’s widow,” Richards said. “I gave her my word I would work very diligently on trying to make a difference, and not let Cranston’s murder be for nothing. That’s been my driver.
“We’ve hit some headwinds, as you can imagine … but it is making progress and it is highlighting the problems of crimes against agriculture.”
The measure received written testimony in support by the state Department of Agriculture, Kapapala Ranch, Hawaii Farm Bureau and Hawaii Cattlemen’s Council.
In her written testimony, Lani Cran Petrie of Kapapala Ranch in Kau said that she, as president of the Hawaii Cattlemen’s Council, presented a resolution in Pia’s memory earlier this month to a National Cattlemen’s Beef Association committee.
“The resolution was accepted by the committee and is moving towards its presentation to the full membership for vote at the next annual convention,” Petrie wrote, calling the response from fellow ranchers at the convention in San Antonio “humbling and overwhelming.”
The Hawaii Farm Bureau testified that Pia’s death “highlighted the vulnerabilities that agricultural workers face, particularly in remote areas where law enforcement response times may be delayed.”
“In recent years, the agricultural community has reported an increase in confrontations with trespassers, including incidents where farm workers and landowners have been physically threatened,” the testimony states. “In some cases, criminals have returned multiple times, emboldened by the knowledge that response times from law enforcement are slow or that penalties for agricultural crimes are minimal. Farmers and ranchers need stronger protections to defend themselves and their families when faced with imminent threats.”
Pia’s father, Mike Pia, told lawmakers in live testimony on Feb. 10, “I want to see this thing pass.”
“Until today, I still ask the question, why?” Mike Pia testified. “Why a young kid took my son away, my youngest son, of my four children?”
“I’m still grieving today. It’s very painful,” he said.
According to the FindLaw website, 29 states have some form of stand-your-ground law.
A companion bill to the omnibus agriculture bill, House Bill 859, was introduced by Rep. Matthias Kusch (D-Hilo, Hamakua) and passed its second reading on Feb. 5 after clearing the Committee on Agriculture.
The legislation’s intent is to establish an agricultural crime prevention program within the DOA to provide grants, education and other services to the state’s agricultural industry and to strengthen laws regarding agriculture theft and hunting on private agriculture lands.
“The meat and potatoes of this bill is that it more carefully lays out penalties for agricultural crimes,” said Kusch. “Right now … (perpetrators) don’t get pursued by prosecutors because it’s sort of nebulous. There are a lot of hurdles, like you have to catch someone with a camera and they would have had to have climbed over a sign saying ‘this fruit is not free.’”
“We’re talking about making it sting a little bit,” added Richards. “The perpetrators are stealing avocados or papayas, whatever. And what the attorney general is working on is to stiffen the fines to make them more expensive and changing laws from saying ‘may include jail time’ to ‘shall include jail time’ to lock these people up.”
Written testimony in support has been submitted by Hawaii County Prosecutor Kelden Waltjen, Honolulu Police Department, Hawaii Farm Bureau, the Hawaii Department of the Attorney General and the state Department of Agriculture.
Written testimony in opposition was submitted by the Office of the Public Defender.
Waltjen told the Hawaii Tribune-Herald on Tuesday that he supports the efforts by Richards and Kusch “to aid farmers and ranchers by providing funding to protect and secure their crops and livestock, establishing more appropriate penalties to hold offenders accountable to deter future crimes, and supporting local law enforcement with additional resources.”
“Agricultural crimes — including theft, trespass and poaching/hunting on private agricultural lands — have been an ongoing concern across our state,” Waltjen said. “To my knowledge, our office is the only law enforcement office in the state that conducts agriculture crime awareness and prevention efforts by visiting local farmers markets.
“Our investigators educate vendors and members of the public about agriculture theft, the impact of purchasing stolen fruits, vegetables and produce, laws regarding ownership and movement certificates, document recent agriculture theft incidents for victims, and share methods farmers and ranchers can employ to protect their crops, animals, produce and equipment.”
Waltjen said the measures, if passed, “will further support these types of efforts” statewide.