STAND. COM. REP. NO. 1460_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1122
                                     S.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 1122, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

     The purpose of this bill is to clarify that the penalty for
the offenses of carrying or using a firearm in the commission of
a felony and possessing a firearm to facilitate the commission of
a felony involving the distribution of a controlled substance are
in addition to, and not in lieu of, the penalty for the included
offense.

     Your Committee received testimony in support of this bill
from the Department of the Attorney General, the Department of
the Prosecuting Attorney, City and County of Honolulu, and the
Department of the Prosecuting Attorney, County of Maui.
Testifying in opposition to this bill was the Office of the
Public Defender.

     The Hawaii Supreme Court, in State v. Jumila, 87 Haw. 1
(1998), ruled that due to "attenuated legislative history," the
offense of carrying or using a firearm in the commission of a
felony was not punishable as a separate offense for a second
degree murder felony.  Your Committee believes that this measure
clearly states the Legislature's intent to permit conviction of
both the firearms offense and the underlying felony offense.


 
 
 
                                 STAND. COM. REP. NO. 1460_______
                                 Page 2

 
     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 1122, S.D. 1, and recommends that it pass
Second Reading and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair