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The Honolulu Advertiser
Posted on: Wednesday, March 7, 2007

No need for new law to stop copper theft

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It takes an extraordinary issue to jump from the headlines and into the Legislature: homelessness, quality of education, pedestrian safety.

Copper theft, however, doesn't quite rise to the same level.

Legislators need only look to existing theft and property crime statutes, which provide more than enough muscle to thwart both the theft and illegal resale of copper. In fact, existing laws make Senate Bills 1332 and 1229 unnecessary.

Both proposals contain ideas that can be duplicated without legislative action or state expense. For example, SB 1229 requires identification of all persons redeeming copper, and asks that the state create a copper redemption database. Scrap dealers can easily augment current records, so no new system or appropriation is needed. Existing laws also require an ID check.

Another bill, SB 1332, is backed by the Honolulu Police Department, the City and County of Honolulu, the Ho-nolulu prosecutor and the state attorney general. It makes copper theft a felony. But if a theft involves more than $300 of material, it is a felony. It also becomes a felony if property damage caused during the theft exceeds $1,500.

That bill also creates a process that identifies sellers and the origin of their goods. That's not necessary if scrap dealers complied with existing ID provisions.

Prosecutor Peter Carlisle argues that the proposals would give law enforcement the tools they need: "When thieves get a new idea, we need to be reactive," Carlisle said.

But Carlisle admits that copper theft rises and falls with the price of copper. That's not a good basis for a permanent change in the law. Indeed, during this time of high copper prices, tougher enforcement of current law is dire.

Meanwhile, let law enforcement officials use the tools they already have to get the job done, while legislators focus on more important issues.